In an appeal against a divorce decree initiated by the respondent, the High Court stayed the decree's operative clause and disposed of the applicant's appeal record, citing the respondent's willingness to resume cohabitation.
Stay of execution and operation of Clause (ii) of the operative part of the impugned decree.
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.
cam-275-14.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.275 OF 2014 IN FAMILY COURT APPEAL (ST.) NO. 17620 OF 2014
Mrs. Chaitali S. Shete .. Applicant V/s. Mr. Sambhaji M. Shete .. Respondent
Mr. Uday B. Nighot, Advocate for the Applicant. Mr. Sambhaji M. Shete, Respondent in person.
CORAM : A.S. OKA AND P.D. NAIK, JJ. DATED : APRIL 13, 2016.
P.C.
The respondent appears in person. He states that he is willing to resume cohabitation with the applicant – wife. The challenge in the Family Court Appeal is to the decree of divorce. In fact, petition for seeking decree of divorce on the ground of cruelty was filed by the respondent himself. Appeal has been admitted and, therefore, decree of divorce will have to be stayed. Accordingly, we dispose of the application by passing the following order:
cam-275-14.doc
rpa 2/2
:: O R D E R ::
(i) There will be stay of execution and operation of Clause (ii) of the operative part of the impugned decree till the final disposal of the Appeal.
(P.D. NAIK, J.) (A.S. OKA, J.)
2 issues framed by the court
Whether to stay the operative part of the divorce decree during the pendency of the appeal.
Whether the applicant's application must be disposed of given the respondent's willingness to resume cohabitation.
Mrs. Chaitali S. Shete
Mr. Sambhaji M. Shete
A.S. OKA
P.D. NAIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
