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Bombay High CourtIA/7076/2024disposed off

Swati Mandar Gupte v. Mandar Jayant Gupte

2024-04-05Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

by AARTI GAJANAN PALKAR Date:

2024.04.08 11:32:49 +0530 AARTI GAJANAN PALKAR 21.IA.7076.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7076 OF 2024 IN FAMILY COURT APPEAL NO.46 OF 2024 Swati Mandar Gupte ...Applicant

IN THE MATTER BETWEEN

Swati Mandar Gupte ...Appellant

Versus

Mandar Jayant Gupte

...Respondents

Mr. Pramod Pawar, Advocate for Applicant/Appellant-Wife. Mr. Virendra Pethe, Advocate for Respondent-Husband (Mobile No.9820662886).

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : APRIL 05, 2024 P. C.

1.

The above Family Court Appeal has been filed by the Appellant-Wife challenging the judgment and decree passed by the Family Court dated 29th December, 2023. By the impugned judgment and decree, the divorce petition filed by the RespondentHusband was allowed on the ground of cruelty. APRIL 05, 2024 Aarti Palkar

21.IA.7076.2024.doc 2.

The above Interim Application is filed seeking a stay of the said judgment and decree.

3.

The learned counsel appearing on behalf of the RespondentHusband has appeared today and has stated that he shall file his Vakalatnama within a period of two weeks from today. The said statement is accepted as an undertaking given to the Court. He has further stated that the Respondent-Husband has not gotten remarried. In these circumstances, we direct, as an ad-interim relief, that the Respondent-Husband shall not remarry until further orders. We also find from the record that this matter is eminently resolvable by mutual consent. We have also impressed upon the counsels to take instructions on this aspect from the respective parties. 4.

We now, therefore, stand this matter over on 19th April, 2024. 5.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.] APRIL 05, 2024 Aarti Palkar