Sau. Sonal W/O Amit Chavan v. Shri Amit S/O Prakash Chavan

1 906-CAO-225-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 225 OF 2021 IN FAMILY COURT APPEAL NO. 7 OF 2021 (Sau. Sonal w/o Amit Chavan Vs. Amit s/o Prakash Chavan) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri C.R. Sharma, Advocate for the applicant/ appellant. Shri A.D. Deshpande, Advocate for the non-applicant. CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE , JJ.

D ATE : SEPTEMBER 7, 2022.

The applicant - wife seeks stay to the decree of divorce passed by the Family Court. It is submitted that the Appeal having been admitted, the decree under challenge ought to be stayed as there is likelihood that in the absence of any such order, the non-applicant would remarry. The application is opposed by the learned Counsel for the non-applicant on the ground that the decree has been passed after considering all the material on record.

Since the Appeal challenging the decree of divorce has been admitted, the effect and operation of the said decree is stayed during the pendency of the present Appeal. The non-applicant is at liberty to seek expeditious disposal of the Appeal on merits.

The Civil Application is disposed of.

FAMILY COURT APPEAL NO. 7 OF 2021.

Filing of private paper book is dispensed with as the pleadings as well as the notes of evidence have been filed on record. (URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL