Mr. Benhur Ramesh Thakur v. Mrs. Asmita Benhur Thakur

cam-304.13.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.304 OF 2013 IN FAMILY COURT APPEAL NO.106 OF 2014 Mr. Benhur Ramesh Thakur ... Applicant Vs.

Mrs. Asmita Benhur Thakur ... Respondent Mr. N.D. Pote i/by Asim Sarode & Kulkarni & Associates for the Applicant.

Mr. Nilanjan Nachankar i/by Mr. Aniket U. Nikam for the Respondent. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 10th FEBRUARY, 2017 P.C.

By the impugned decree, apart from deciding the issue of custody, a decree of restitution of conjugal rights has been passed against the applicant. Pending the final disposal of the appeal only that part of the decree will have to be stayed.

Accordingly, we pass the following order :- (i) Till the final disposal of the Appeal execution and operation of clause 2 of the operative part of the impugned decree will remain stayed. We clarify here

cam-304.13.odt that by clause 2 of the operative part of the decree, the applicant has been directed to resume cohabitation with the respondent;

(ii) Application is disposed of on above terms.

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