Shri. Prabhakar Rhivyogi Reshimkar v. Sou. Renuka Prabhakar Reshimkar

cam-64.16 in fca-40.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.64 OF 2016 IN FAMILY COURT APPEAL NO.40 OF 2016 Shri. Prabhakar Rhivyogi Reshimkar ... Applicant Vs.

Sou. Renuka Prabhakar Reshimkar ... Respondent Mr. Vijay Killedar a/w Mr. Ramkrushna Yedave for the Applicant (husband) in CAM/64/2016 and for Respondent in CAM/157/2016. Mr. Dhananjay R. Gangawane i/by Mr. Ravindra V. Sankpal for the Respondent (wife) in CAM/64/2016 and for Applicant in CAM/157/2016.

CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 7th DECEMBER, 2016 P.C.

By the order impugned in the Family Court Appeal, ex parte decree of divorce passed on the Divorce Petition filed by the husband has been set aside. The Appeal has been admitted for final hearing. Ad-interim relief has been granted on 15th March, 2016 by recording that effect of remarriage of the Applicant has not been considered by the learned Judge of the Family Court. As the Appeal has been admitted, operation of the impugned order will have to be stayed. Accordingly, there will be interim relief in terms of prayer clause (a). Application is accordingly disposed of.

cam-64.16 in fca-40.16.odt We, however, make it clear that interim relief is liable to be vacated on the failure of the Applicant to comply with the order passed by this Court today in Civil Application No.157 of 2016. (ANUJA PRABHUDESSAI, J) (A.S. OKA, J)