Shri Sangmeshwar Chidanand Swami v. Sau. Deepali Sangeshwar Swami

9.CAM.132.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 132 OF 2013 WITH FAMILY COURT APPEAL NO. 35 OF 2014 Shri Sangmeshwar Chidanand Swami ... Applicant Vs Sau. Deepali Sangmeshwar Swami ... Respondent ...

Mr. Sudhir Halli for the Applicant (husband). Mr. Madhav J. Jamdar (wife) for the Respondent. CORAM : A. S. OKA & A. A. SAYED, JJ.

DATE : 20 JULY, 2016.

P.C. :

1.

Heard the learned counsel appearing for the applicants/appellants. The prayer in this application is for stay of execution and operation of the impugned decree in the appeal. The operative part of the decree reads thus :- "1.

Petition filed by petitioner for nullity of marriage is hereby dismissed.

2.

Petitioner shall pay Rs. 3000/- per month to respondent towards rent of her accommodation. 3.

Petitioner shall pay Rs. 5000/- to respondent towards cost of the proceeding.

4.

Decree be drawn up accordingly."

Habeeb 1/2

9.CAM.132.13.odt 2.

Clause 1 of the decree cannot be stayed as the petition filed by the Applicant - husband for declaration of nullity of marriage is dismissed. Clause 2 directs the applicants/appellant to pay Rs. 3000/- per month to the Respondent-wife towards rent of her accommodation. As a petition for declaration of nullity of marriage has been dismissed even this part of the decree cannot be stayed, as the Applicant is prima facie liable to provide a residence to the Respondent - wife. Clause 3 directs payments of costs. Therefore no case is made out for grant of stay. Application is rejected. (A. A. SAYED, J.) (A. S. OKA, J.) Habeeb 2/2