In a civil application regarding a family court divorce decree, the Court stayed the execution of the clause granting divorce while upholding maintenance provisions until the appeal's final disposal.
Stay on execution of divorce decree clause; maintenance clause remains operational.
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salgaonkar
10 cam 307-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 307 OF 2015 IN
FAMILY COURT APPEAL NO. 179 OF 2015
Nilkanth Madhukar Sonaje
..Applicant
v/s.
Sou. Deepali Nilkanth Sonaje ..Respondent
Mr. Jitendra Pathade for the Applicant. Ms. Avanti Inamdar i/b. Mr. Rameshwar Gite for the Respondent.
CORAM : A.S.OKA & ANUJA PRABHUDESSAI, JJ. DATED : 17TH NOVEMBER, 2016
P.C.
Heard learned Counsel appearing for the applicant and the learned Counsel appearing for the respondent. The applicant husband has challenged the impugned decree of divorce passed by the family court on the petition filed by the respondent wife. The appeal has been admitted. Therefore, execution and operation of decree of divorce will have to be stayed. However, the decree for maintenance
cannot be stayed. Accordingly, we dispose of the application by
1 of 2
salgaonkar
10 cam 307-15.doc
passing following order:
ORDER
i) Till final disposal of the appeal there will be stay to the execution and operation of clause (2) of the operative part of the impugned judgment and decree. We clarify that clauses (3) and (4) of the operative part will continue to operate. To that extent, ad-
interim order passed on 10th September, 2015 stands modified.
(ANUJA PRABHUDESSAI, J.) (A.S.OKA, J.)
2 of 2
1 issue framed by the court
Whether execution of the impugned divorce decree should be stayed during pendency of the appeal.
Nilkanth Madhukar Sonaje
Deepali Nilkanth Sonaje
A.S. Oka
Anuja Prabhudessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
