Mr. K.N. Krishnamurthy v. Smt. Kavita Krishnamurty

22 -iv-caf 204-16 in 131-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 204 OF 2016 IN FAMILY COURT APPEAL NO. 131 of 2016 K.N.Krishnamurthy ..Applicant v/s.

Kavita Krishnamurthy ..Respondent Mr.Rohan Cama i/b. Sapana Rachure for the Applicant Mr. Mohan Dharmaraj for the Respondent.

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

DATED : 17TH NOVEMBER, 2016 P.C.

1.

Learned Counsel appearing for the applicant states that he is confining his prayers in this application to prayer clause (a) only to the extent of the decree of divorce. As regards the direction issued by the family court to return the passport of the child to the wife, under order dated 5th August, 2016 passed by this Court the passport has been admittedly handed over to the wife for the purpose of its renewal. The learned counsel appearing for the respondent pps

22 -iv-caf 204-16 in 131-16.doc reiterates the statement made by him which is recorded in the order dated 18th October, 2016 that the respondent will deposit the passport in this Court after the same is renewed. We accept the said statement.

2.

Accordingly, civil application is disposed of by passing the following order:-

ORDER

i) There shall be stay to the execution and operation of clause (2) of the operative part of the impugned decree till the final disposal of the appeal.

(ii) In view of the orders dated 5th August, 2016 and 18th August, 2016, and the aforesaid statement made by the learned Counsel appearing for the respondent on instructions, it is not necessary to grant any interim relief as regards the passport of the child. (ANUJA PRABHUDESSAI, J.) (A.S.OKA, J.) pps