Smt. Smita Rajan Lotlikar., v. Shri. Rajan Vinayak Lotlikar.,

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 195 OF 2016 IN SECOND APPEAL NO. 60 OF 2015 SMT. SMITA RAJAN LOTLIKAR., ... Applicant

Versus

SHRI. RAJAN VINAYAK LOTLIKAR., ... Respondent Mr. Sudesh Usgaonkar and Ms. Rosette Pereira, Advocate for the Applicant.

Mr. S. D. Lotlikar, Senior Advocate with Ms. A. Naik, Advocate for the Respondent.

Coram:- F. M. REIS, J.

Date:- 23rd September, 2016 P.C.

Heard Mr. Sudesh Usgaonkar, learned Counsel appearing for the Applicant and Mr. S. D. Lotlikar, learned Senior Advocate appearing for the Respondent.

2. This is an application for stay of the operation of the Judgment of Divorce passed by the learned Lower Appellate Court dated 26.02.2015.

3. Mr Usgaonkar, learned Counsel appearing for the Applicant, states that the Appeal has already been admitted and, according to him, any subsequent marriage by the Respondent, if any, is a nullity as, according to him, such marriage occurred when the Decree of

CA/195/2016 Divorce had not attained finality.

4. On the other hand, Mr. S. D. Lotlikar, learned Senior Advocate appearing for the Respondent, states that the Respondent is already married after the Decree of Divorce.

5. In the peculiar facts and circumstances of the case, any action taken by the Respondent based on the impugned Judgment in performing the subsequent marriage will be subject to the result of the above Appeal.

6. Application stands accordingly disposed of. F. M. REIS, J.

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