Smt.Hemlata Nilesh Morankar v. Mr.Nilesh Ravindra Morankar
20.cam.244.17.doc Digitally signed by Anjali Tushar Aswale Date:
2018.07.11 18:47:22 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Anjali Tushar Aswale CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.244 OF 2017 IN FAMILY COURT APPEAL NO. 145 OF 2017 Smt Hemlata N. Morankar ..Applicant Vs.
Mr. Nilesh R. Morankar ..Respondent Mrs. Neha Mehta, for the Applicant.
Mr.Sujay H. Gangal, for the Respondent.
CORAM:-K. K. TATED & B. P. COLABAWALLA,JJ.
DATE :- JULY 9, 2018.
P. C.:
Heard. The Applicant is seeking a stay to the operation and implementation of clause no.2 of the Family Court judgment and decree dated 20th April, 2017 in petition no.A-763 of 2012 which reads thus:- "The marriage between petitioner and respondent solemnized on 20/06/2011 is hereby dissolved by a decree of divorce on the ground of cruelty, from the date of this order." Considering the submissions made by the learned counsel Aswale 1/2
20.cam.244.17.doc for the Applicant and the averments made in the Civil Application, we are satisfied that the Applicant has made out a case for allowing the present Civil Application in following terms:- a) The operation and implementation of the judgment and decree dated 20th April, 2017 passed by the Family Court No.4 being in Petition No.A-763 of 2012 is stayed in respect of clause 2 only which reads thus:- "The marriage between petitioner and respondent solemnized on 20/06/2011 is hereby dissolved by a decree of divorce on the ground of cruelty, from the date of this order." Civil Application stands disposed off accordingly. No order as to costs.
( B. P. COLABAWALLA, J. ) ( K. K. TATED, J. ) Aswale 2/2