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Bombay High CourtCAM/68/2018

Smt.Priya Atul Gonel v. Mr. Atul Arun Gonel

2018-06-06Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

5.68.18-cam.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.68/2018 IN FAMILY COURT APPEAL NO.56/2018 Priya Atul Gonel ... Applicant V/s.

Atul Arun Gonel ... Respondent Mr. Sidheshwar Biradar i/b. Sangita Survase for the Applicant Mr. Atul Arun Gonel Respondent in person.

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

JUNE 6, 2018 P.C. :

Heard. By this Civil Application the Applicant wife seeks stay of the operation and implementation of the order dated 31.10.2017 passed by the Family Court, Pune in PA No.405/2015 allowing the Respondent's Application for divorce u/s.13(1)(ia) of the Hindu Marriage Act, 1955.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, we are satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G. Patil 1/2

5.68.18-cam.doc Hence, the following order:

a) Clause 2 of the impugned judgment and decree dated 31.10.2017 passed by the Family Court, Pune in PA No.504/2015 is stayed till hearing and final disposal of the Family Court Appeal. Clause 2 reads thus:

"(2) The marriage of the Petitioner and Respondent solemnized on 27/11/2009 is hereby dissolved on the ground of cruelty."

b) Civil application stands disposed off accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2