Bombay High Court
DEEPALI SANDIP AMBULKARversusSANDIP MARUTI AMBULKAR
- Decided
- Disposal
- Disposed Off
Holding
The petition is allowed to be withdrawn with liberty to keep the contentions of the petitioner open.
Summary
The petitioner, Deepali Sandip Ambulkar, filed a civil writ petition seeking restitution of conjugal rights against her husband. Her counsel requested permission to withdraw the petition while retaining the right to pursue the substantive claim later. The Court, after hearing the counsel, allowed the withdrawal with liberty to keep the contentions open and directed that any defence taken by the petitioner be considered on its own merits. The petition was subsequently dismissed and disposed of, along with any pending applications. The judgment leaves the substantive issue of restitution of conjugal rights to be addressed in future proceedings, if the petitioner chooses to revive the claim.
Issues considered
- Whether a civil writ petition seeking restitution of conjugal rights may be withdrawn with liberty to keep the substantive contentions open
Subjects
- restitution of conjugal rights
- civil writ petition
- withdrawal of petition
- family law
- Bombay High Court
Judgment
4-WP-55-2024 (C).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO. 55 OF 2024
Deepali Sandip Ambulkar ...Petitioner
VERSUS
Sandip Maruti Ambulkar ...Respondent
_________________________________________________________________
Digitally signed
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.09.29
Mr. Yogesh Birajdar a/w. Mr. Ajit Alange, Advocate for Petitioner.
KILAJE 16:05:38
+0530
None for Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner, on instructions, seeks leave
to withdraw the petition with liberty to keep the contentions of the
petitioners open that he seeks restitution of conjugal rights against the
respondent.
3. Considering the submission of learned counsel for the
petitioner, petition is allowed to be withdrawn with aforesaid liberty.
4. While deciding the pending proceeding, the learned Judge shall
consider the defence taken by the petitioner on its own merit.
5. Dismissed and disposed of.
6. All pending applications, if any, also disposed of.
(SHIVKUMAR DIGE, J.)
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