Mr. Alex Mathew And ANR. v. Mrs. Lina Alex Alias Lina Rachel Varghese

cam235 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.235 OF 2016 IN FAMILY COURT APPEAL NO.146 OF 2016 Alex Mathew and another ...Applicants vs.

Lina Alex

...Respondent

Mr.Aabad H.H.Ponda a/w Ms Ansu Geogy i/b Geogy Jacob & Associates for the applicant/appellant Mr.Rohaan Cama i/b Ms Sapana Rachure for the respondent CORAM : A.S.OKA, & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : DECEMBER 9, 2016 P.C.:

Heard the learned counsel for the parties. The prayer in this application is for stay of clause (7) of the operative part of the impugned decree by which the applicant­husband has been directed to return stridhan of 282.24 gms gold ornaments or to pay market price equivalent to the price of 282.24 gms gold. The learned counsel for the applicant on instructions states that the applicant is willing to furnish security.

In view of this statement, we dispose of this application by passing the following order:

(I) There will be interim relief in terms of prayer clause (a) subject to condition of the applicant furnishing adequate security for the

cam235 market value of the gold weighing 282.24 gms as of today to the satisfaction of the Registrar (Judicial­I) within a period of three months from today;

(II) The Registrar (Judicial­I) shall give an opportunity of being heard to the wife prior to accepting security. On the failure of the applicant to furnish security within a period of three months from today, interim relief shall stand vacated without further reference to the Court.

(ANUJA PRABHUDESSAI,J.) (A.S.OKA,J.)