Nayna Devendra Makhwana v. Devendra Ramji Makhwana

03-IA NO. 3825-2020.odt Digitally signed by Trupti Bhamne Date:

2021.02.05 00:13:14 +0530 Trupti Bhamne

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3825 OF 2020 IN FAMILY COURT APPEAL NO. 02 OF 2021 Nayana Devendra Makwana ... Applicant

Versus

Devendra Ramji Makwana ... Respondent ......

Mr.Chaitanya Pendse i/b. Mr. Shivamsinh Deshmukh for the Applicant.

None for the Respondent.

......

CORAM : R. D. DHANUKA & V. G. BISHT, JJ.

DATE : 4th February, 2021 PC:

1.

The learned Counsel for the applicant states that the respondent is already served and affidavit of service to that effect is already filed.

2.

This Court has already admitted Family Court Appeal by an order dated 22nd December, 2020.

Trupti 1/2

03-IA NO. 3825-2020.odt 3.

When the matter was called out, none appeared for the respondent.

4.

We have perused the affidavit in reply filed by the respondent. On perusal of the reply, it appears that the respondent has not remarried till the date of filing of this reply as on 4th January, 2021. Since this Court has already admitted Family Court Appeal on 22nd December, 2020, we are inclined to grant interim relief in terms of prayer clause (a).

5.

Interim Application is made absolute in terms of prayer clause (a). No order as to cost.

(V. G. BISHT, J.) ( R. D. DHANUKA, J.) Trupti 2/2