Single judge decision holding that an injunction application against the husband for remarriage is infructuous and dismissed as the respondent had already married during interim. Appeal adjourned by consent.
Application for injunction dismissed as infructuous; Appeal adjourned.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICITON
CIVIL APPLICATION NO. 30 OF 2004 WITH
FAMILY COURT APPEAL NO. 48 OF 2003
Suvasini Kishor Gurav ... Applicant/Appellant
V/s.
Kishor Vithal Gurav ... Respondent
Mr. M.R. Deshpande for the Applicant/Appellant
The respondent in person present.
CORAM: J.N. PATEL, AND
A.A. SAYED, JJ. DATE: SEPTEMEBR 12, 2007
P.C. :-
he has already married in the interim period, and the appeal is filed after a period of two years, he has not committed any breach in
re-marrying after obtaining a decree of divorce. In this factual
1
situation, the application made by the appellant-wife seeking an injunction against the respondent becomes infructuous; and, therefore, the same is dismissed as such.
J.N. PATEL, J.
A.A. SAYED, J.
2
3 issues framed by the court
Whether an application for injunction against remarriage remains maintainable if the respondent has already remarried after the decree.
Whether the appeal filed after a delayed period succeeds or not.
Whether the application for injunction is declared infructuous in view of remarriage.
Suvasini Kishor Gurav
Kishor Vithal Gurav
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
