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Bombay High Court

BHAGWAN KISAN MARATHEversusVAISHALI KARBHARI CHAVAN @ VAISHALI BHAGWAN MARATHE

Disposal
Withdrawn

Holding

The appeal was disposed of as withdrawn because the parties settled the dispute and filed a mutual‑consent divorce.

Summary

The appellant filed an appeal in the Family Court concerning his divorce from the respondent. During the pendency of the appeal, the parties amicably settled their differences and jointly filed a divorce petition by mutual consent. The appellant’s counsel informed the court that the appeal had become infructuous. The court considered whether the appeal could continue in light of the settlement. Finding that the matter was resolved, the court disposed of the appeal as withdrawn. No substantive merits of the original dispute were addressed.

Issues considered

  • Whether an appeal becomes infructuous and can be withdrawn when the parties settle and file a mutual‑consent divorce petition?

Subjects

  • Family Law
  • Divorce
  • Mutual Consent Divorce
  • Appeal Withdrawal
  • Settlement

Judgment

2026:BHC-AUG:44034-DB

                                                      902 FAMILY COURT A.P.P.EAL NO. 56 OF 2023




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                           902 FAMILY COURT APPEAL NO. 56 OF 2023

                                       Bhagwan Kisan Marathe
                                               Versus
                        Vaishali Karbhari Chavan @ Vaishali Bhagwan Marathe

                   __________________________________________________________
                   Adv. R. L. Jakhade for Appellant - Husband
                   Adv. Gayatri K. Sonawane h/f. Adv. Temak Rahul
                   Bhausaheb for Respondent - Wife
                   __________________________________________________________

                                     CORAM     : SANDIPKUMAR C. MORE AND
                                                 VAISHALI PATIL-JADHAV, JJ.

                                     DATE      : SEPTEMBER 23, 2026

                   PER COURT :

                   1)             Learned   counsel   for    the       appellant,          on

                   instructions, submits that the present appeal has become

                   infructuous since the parties have settled the matter

                   amicably by filing the divorce petition by mutual consent.

                   2)             In view of the same, the present appeal stands

                   disposed of as withdrawn.



                   (VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
                             JUDGE                            JUDGE




                   Komal Kamble                                                  Page| 1 of 1


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