Mrs. Shipra Aditya Jain (Before Ms. Shipra Gopalhari Upadhaya v. Mr. Aditya Jaykumar Jain

13.ia.7586.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7586 OF 2024 IN FAMILY COURT APPEAL NO.55 OF 2024 Shipra Aditya Jain .. Applicant

Versus

Aditya Jaykumar Jain .. Respondent Mr.Swapnil Telang, Advocate for the Applicant-Wife. Mr.Mankishan Guha, Advocate for Respondent-Husband. Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.07.16 10:47:26 +0530 UTKARSH KAKASAHEB BHALERAO

CORAM

:B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE : JULY 12, 2024 P. C.

1.

The above Interim Application is filed inter alia seeking a stay to the effect, operation and implementation of the impugned judgment and decree dated 8th February 2024 passed by the learned 4th Family Court, Mumbai in Petition No.A-1239/2019. By the impugned judgment and decree, and which is challenged in the above Family Court Appeal, the Family Court granted a divorce to the RespondentHusband on the grounds of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

JULY 12, 2024 Utkarsh

13.ia.7586.2024.doc 2.

The Respondent has filed an affidavit-in-reply opposing the grant of interim relief as sought in the above Interim Application. However, on instructions, the learned Counsel appearing on behalf of the Respondent-husband, stated that the Respondent-Husband has not remarried and has no intention to remarry. We accept this statement as an undertaking given to the Court.

3.

Once this is the statement made, we do not see any reason to stay the operation of the impugned judgment and decree. The Interim Application is accordingly disposed of by accepting the statement made on behalf of the Respondent-Husband as an undertaking given to the Court. However, there shall be no order as to costs. 4.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JULY 12, 2024 Utkarsh