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Bombay High CourtIA/356/2022disposed off

Nisha Rohit Sane (Madhavi Arun Charghe) v. Rohit Madhav Sane

2024-01-05Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

23.IA.356.22.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.356 OF 2022 IN FAMILY COURT APPEAL NO.3 OF 2022 ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2024.01.05 18:58:34 +0530 Dr.Nisha Rohit Sane (Madhavi Arun Chorghe) ..Applicant

Versus

Dr.Rohit Madhav Sane ..Respondent Mr.A. S. Khandeparkar, Senior Advocate, with Ms.Apoorva Khandeparkar, Advocates for the Applicant/Appellant.

Ms.Seema Sarnaik, Senior Advocate, with Mr.Jagdish G. Aradwawd (Reddy), with Ashwini Jadhav, Advocates for the Respondent.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : JANUARY 5, 2024 P.C.

This Interim Application is filed seeking a stay of the operation of the judgment and decree passed by the Family Court dated 20th October, 2021. By the impugned order, the Family Court granted a divorce in favour of the Respondent-husband. On 28th January, 2022 this Court has issued notice to the Respondent-husband and directed that until the next date, the JANUARY 5, 2024 Aswale

23.IA.356.22.DOC impugned order dated 20th October, 2021 passed by the Family Court be stayed.

Today Ms. Sarnaik, the learned counsel appearing on behalf of the Respondent-husband has made a statement that until further orders of the Court, the Respondent-husband shall not remarry. Mr.Khandeparkar, on taking instructions, stated that the above Interim Application can be disposed of by recording the aforesaid statement. In these circumstances, the statement of the Respondent-husband that he shall not re-marry until further orders of the Court is accepted as an undertaking given to the Court and the above Interim Application is disposed of in terms of the aforesaid statements.

The Interim Application is accordingly disposed of in the aforesaid terms. However, there shall be no order as to costs. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act order.

[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] JANUARY 5, 2024 Aswale