SHRADDHA HITESH RAIKAR vs HITESH DATTARAM RAIKAR

Judgment text excerpt

910-WP-7430-2024(FCJ).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7430 OF 2024 Shraddha Hitesh Raikar Aged about 43 years, Adult, Hindu, Indian inhabitant, At present residing at Flat No.202 Om Shree Ji Apartments, Borivali (East), Mumbai 400 066 Occupation : Housewife ...Petitioner Versus Hitesh Dattaram Raikar Aged about 45 years, Also adult of Mumbai, Hindu, Indian Inhabitant, Residing at Flat No.802, ‘A’ Wing, Rajsundar CHS Ltd. Dahisar(E), Mumbai:- 400 068 Occupation : Service ...Respondent __________  Ms. Saroj Nitin Jadhav, for the Petitioner.  Ms. Purva Naik a/w Ms. Pranita Desai i/b. Purva Naik, for the Respondent. __________ CORAM : MANJUSHA DESHPANDE, J. RESERVED ON : 12th DECEMBER 2025 PRONOUNCED ON : 18th DECEMBER 2025 Kartikeya Goti, PA Page 1 of 14 18th December 2025 910-WP-7430-2024(FCJ).doc JUDGMENT : 1. The Petitioner is taking exception to the order dated 06.11.2023, passed below Exhibit 10, in Petition No. A-2646 of 2019, passed by the Family Court No.3 at Bandra Mumbai, thereby rejecting the Application filed by the Petitioner taking objection to the maintainability of the second Petition for Divorce filed by the Respondent-Husband. 2. The brief facts of the case are that, the Petitioner and the Respondent got married on 16.12.2011. The Respondent-Husband filed Divorce Petition No. A-842 of 2014. The Petitioner-Wife also filed Petition for restitution of conjugal right, viz., Petition No A- 1018 of 2014. A common judgment and decree came to be passed in both the Petitions on 28.07.2017, dismissing the Petition for Divorce filed by the husband and allowing the Petition for restitution of conjugal rights filed by the wife, directing the husband to resume cohabitation within a period of two months. 3. T