Bombay High Court

JAGRUTI RAVINDRA KOTHAVADE NEE JAGRUTI BALKRISHNA DHAMNEversusRAVINDRA SHANTARAM KOTHAVADE

Decided: 1 October 2026
Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the writ petition with liberty to file a fresh petition if the original petition is restored.

Summary

The petitioner had earlier filed a petition in the Family Court which was dismissed for default. Consequently, the petitioner filed a writ petition in the High Court seeking leave to withdraw that writ petition and, if the Family Court petition were to be restored, permission to file a fresh petition on the same issue. The learned counsel argued that the dismissal for default warranted such relief. The Court considered the submissions and granted leave for the petitioner to withdraw the writ petition with the specified liberty. The writ petition was therefore allowed to be withdrawn and subsequently dismissed. The matter was disposed of accordingly.

Issues considered

Whether a petitioner may be permitted to withdraw a writ petition and be given liberty to file a fresh petition if the original petition is restored.

Subjects

Family Court
default dismissal
withdrawal of writ petition
fresh petition
Civil Appellate Jurisdiction
Bombay High Court

Judgment

                                                                             118-WP-11239-2026 (C).doc

                   Tikam

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                           WRIT PETITION NO. 11239 OF 2026

                       Jagruti Ravindra Kothavade Nee Jagruti
                       Balkrishna Dhamne                                ...Petitioner/s
VAISHALI               VERSUS
ANIL                   Ravindra Shantaram Kothavade                     ...Respondent/s
TIKAM

Digitally signed
                       _________________________________________________________________
by VAISHALI            Mr. Nitin Kaskar i/by Ms. Ketaki Gadkari, Advocates for the Petitioner.
ANIL TIKAM
Date: 2026.10.08       _________________________________________________________________
16:02:12 +0530


                                                             CORAM       :   SHIVKUMAR DIGE, J.
                                                             DATE        :   1st OCTOBER 2026.
                       P.C. :

                       1.         Heard learned counsel for the Petitioner.

                       2.         He submits that the petition filed before the Family Court by

                       the Petitioner has been dismissed for default. He, therefore, seeks leave to

                       withdraw this Petition with liberty to the Petitioner that if the said petition

                       is restored, permission be given to the Petitioner to file fresh petition with

                       regards to the issue raised in this petition.

                       3.         Considering the submissions of learned counsel for the

                       Petitioner, leave granted.

                       4.         Writ Petition is allowed to be withdrawn with aforesaid liberty.

                       5.         Writ petition is dismissed and disposed of accordingly.



                                                                       (SHIVKUMAR DIGE, J.)



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