Bombay High Court
DR. PRAJWALIT SUNDARRAO RAUTversusPRIYANKA PRAJWALIT RAUT
- Disposal
- DISMISSED
Holding
The appeal is dismissed for non‑prosecution.
Summary
The appellant, Dr. Prajwalit Raut, filed an appeal before the Bombay High Court's Aurangabad Bench challenging a family court order. The court noted that the appellant failed to appear and that the notice issued to the respondent, Priyanka Raut, could not be served because the parties had resumed cohabitation, indicating a settlement. Despite the court's directions, the appellant did not take further steps to effect service of the notice. The judges observed that the appellant showed no interest in prosecuting the appeal. Consequently, the appeal was dismissed for non‑prosecution.
Issues considered
- Whether the appellant's failure to serve notice and prosecute the appeal warrants dismissal.
Subjects
- service of notice
- family court appeal
- non‑prosecution
- appeal dismissal
- cohabitation settlement
Judgment
2026:BHC-AUG:32991-DB
942 FAMILY COURT APPEAL NO. 72 OF 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
942 FAMILY COURT APPEAL NO. 72 OF 2024
Dr. Prajwalit S/o. Sundarrao Raut
VERSUS
Priyanka W/o. Prajwalit Raut
__________________________________________________________
Adv. Kishor J. Ghute Patil for the Appellant - Absent
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV, JJ.
DATE : 31.07.2026
PER COURT :
1] None appears for the Appellant - Husband.
2] Though the notice issued to the Respondent–
Wife at the instance of the appellant was returned
unserved, on going through the bailiff's report, it appears
that the notice could not be served upon the Respondent–
Wife since she had already started cohabiting with the
Appellant–Husband. Thus, it appears that the parties have
settled their dispute and have started residing together.
3] Be that as it may, the appellant has also failed
to take steps for effecting service upon the respondent
despite directions issued by this Court. It, therefore,
appears that the appellant is not interested in prosecuting
the appeal. Accordingly, the Family Court Appeal stands
dismissed for non-prosecution.
[VAISHALI PATIL-JADHAV] [SANDIPKUMAR C. MORE]
JUDGE JUDGE
Komal Kamble Page|1
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