Arya vs Salil

P.D. Kode, J.—Heard Mrs. Pranita Chobe, learned Counsel for the Applicant. She states that the matter has been settled and hence, she has instructions to withdraw the same. It is submitted that accordingly a Pursis is filed on the record. The Pursis filed reveals accordingly. By this application in revision, the applicant has assailed the order dated 18.01.2012 passed by the Family Court, Nagpur in Petition No. 3-162/2007 awarding maintenance to her and her child and so also litigation expenses. The said common order was passed while disposing of the petitions preferred by the applicant and the respondent against each other, due to matrimonial discord occurred between them. The applicant has preferred this revision against the part of the said order awarding maintenance and litigation expenses, praying for enhancement of amount of maintenance and litigation expenses.

The Pursis for withdrawal filed and submissions canvassed denotes that the applicant is not interested in prosecuting this proceeding. However, record reveals that the application in revision was admitted by this Court vide order dated 11th October, 2012. Since it is a settled law that once an application in revision is admitted, the same cannot be permitted to be withdrawn and the same is required to be decided upon the merits of the matter. Having regard to the same and as perusal of the order passed by the Family Court does not reveal any illegality and error apparent on the record, warranting an interference in revisional jurisdiction, and so also in view of the statement made, there appears no propriety in interfering with the order impugned in the petition, the same deserves and accordingly stands dismissed.