The Court admitted the husband's appeal against a Family Court order rejecting his divorce petition. The wife appreciated cohabitation. Settlement proposal failed as the wife opposed divorce. Appeal admitted.
Appeal admitted for hearing; no final order on maintenance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
:1:
HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION ( ) NO. 138 OF 2005. IN
FAMILY COURT APPEAL NO. 87 OF 2005.
Jagdeep Ishwar Mulani.
Versus. Mrs. Jalpa Jagdeep Mulani.
..Applicant.
..Respondent.
Mr. A.P.Vanarse for the applicant. Mr. Rajesh More for the respondent.
CORAM: S.B.MHASE & S.R.SATHE JJ
DATE: JULY 11, 2005.
P.C.
| 1. | Hea | rd both | sides. | Husb | and’s | application | for | |||
|---|---|---|---|---|---|---|---|---|---|---|
| divorce | has bee |
n reje |
cted | and | th | e | decree | for | restitution | of |
| conjugal | rights | has | been | gran | ted | in | favour | of | the | wife. |
| Under | these | circumstanc | es, | we | do | not | find | it | necessary | to |
| stay the im | pugned decree. | The applic | ation is, | therefo | re, | |||||
| rejected. |
(S.R.SATHE,J.)
(S.B.MHASE, J.)
:srp/2005/
:2:
HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 87 OF
2005.
Jagdeep Ishwar Mulani. Versus. Mrs. Jalpa Jagdeep Mulani.
..Appellant.
..Respondent.
Mr. A.P.Vanarse for the applicant.
Mr. Rajesh More for the respondent.
CORAM: S.B.MHASE & S.R.SATHE JJ
DATE: JULY 11, 2005.
P.C.
| The | husb | and | and wife |
both | are | pres | ent. | The | learned | counsel |
|---|---|---|---|---|---|---|---|---|---|---|
| for | the | a | ppellant |
Mr. | Vanar | se | mov | ed a |
proposal | for |
| settleme | nt | to | the | effect | that | the | divorce | should | be | |
| granted. | As | against |
this, | wife | who | is | present | in the |
court | |
| along | with | the child |
has |
submitt | ed | that | she does |
not | want | |
| divorce | and | she | is | desirous | of | resuming | coh | abitation. |
Under these circumstances, the settlement is not possible.
Hence, appeal is admitted.
(S.R.SATHE,J.)
(S.B.MHASE, J.)
:srp/2005/
2 issues framed by the court
Whether settlement between spouses to grant divorce was possible given the wife's desire to resume cohabitation.
Whether the civil court should admit the appeal for hearing.
Jagdeep Ishwar Mulani
Mrs. Jalpa Jagdeep Mulani
S.B.MHASE
S.R.SATHE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
