The High Court considered an appellant's application for a stay on the Family Court's divorce decree. After interviewing parties, the Court found reconciliation unlikely and rejected the interim application, listing the appeal for future hearing.
Application for interim stay rejected; appeal listed for hearing.
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 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CIVIL APPLICATION NO.263 OF 2006
IN
FAMILY COURT APPEAL NO. 48 OF 2006
ALONGWITH
FCA. 48 OF 2006 AND FCA. NO. 49 OF 2006
SHRI SATYESH RAGHAVA SHETTY...APPLICANT.
...APPELLANT.
VS.
SMT. SANGEETA S. SHETTY...RESPONDENT.
MR. SACHENDRA B. SHETYE FOR THE APPLICANT.
NONE FOR THE RESPONDENT.
CORAM : J.N. Patel and A.A.Sayed,JJ.
DATE : September 5, 2007.
P.C.
1.Heard.
2.The Petitioner sought stay of the impugned
Judgment and Decree, passed by the Family Court, whereby
the Family Court granted divorce to the wife, in her
petition, on the ground of cruelty.
: 2 :
3.Taking into consideration the findings arrived
at by the Family Court and having interviewed the
parties in Chamber, in order to bring about the re-
conciliation between the parties, we are of the view
that the parties are not prepared to resume matrimonial
ties, it will not be proper for us to grant any interim
Order as sought in the application. Therefore, the
application stands rejected.
4. The Appeal be listed for hearing in due course.
2 issues framed by the court
Whether to grant an interim stay on the Family Court's judgment and decree of divorce.
Whether reconciliation between the parties is possible.
Shri Satyesh Raghava Shetty
Smt. Sangeeta S. Shetty
J.N. Patel
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court