Sau. Rakhi W/O. Pankaj Shahu @ Rakhi Radheshyam Shahu (Before Marriage) v. Shri. Pankaj @ Sonu S/O Ramjivan Shahu

09.fca.57.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

FAMILY COURT APPEAL NO.57 OF 2025 (Sau. Rakhi w/o Pankaj Shahu @ Rakhi Radheshyam Shahu Vs. Shri Pankaj @ Sonu s/o Ramjivan Shahu) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. B.H. Tekam, Advocate for the appellant.

CORAM :- SMT. M.S. JAWALKAR A ND RAJ D. WAKODE, JJ.

DATED :- OCTOBER 10, 2025.

Heard learned Counsel for the appellant.

2.

The Court had issued notice to the respondent on 04/08/2025.

3.

The respondent is duly served with the notice on 22/08/2025.

4.

When this appeal is listed today for admission, nobody appears on behalf of the respondent.

5.

ADMIT.

6.

Call for R. and P.

CIVIL APPLICATION NO.915 OF 2025 7.

Present application is filed by the appellant for grant of stay to the impugned judgment and decree dated 09/07/2025.

09.fca.57.25.odt 8.

Learned Counsel for the appellant pointed out that the impugned judgment wherein it is evident that the learned trial Court inspite of rejecting the evidence on the part of the respondent has allowed the petition filed by the respondent for grant of divorce. So also, learned Counsel for the appellant has invited our attention to Annexure-VI i.e. Exhibit 23 before the learned trial Court which was relied upon by the learned Family Court while granting divorce as the Pursis for closing evidence which is a perverse finding.

9.

In view of above, the civil application is allowed. 10.

During the pendency of the appeal, there shall be stay to the effect and operation of the impugned judgment and decree dated 09/07/2025 passed by the learned Family Court No.4, Nagpur in Petition No.A-984/2020.

11.

The civil application is disposed of accordingly. (RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.) *Divya