Appeal against divorce decree allowed. Court directed parties not to remarry until appeal disposed. Maintenance continues; liberty to apply for enhancement.
Direction to parties not to enter into second marriage until appeal disposed; maintenance continues.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
FAMILY COURT APPEAL NO.7 OF 2023
WITH
CIVIL APPLICATION NO.1192 OF 2023 IN FCA/7/2023
ANJALI ATUL RAJPUT VERSUS ATUL ABHIJIT RAJPUT
Advocate for the Appellant : Shri Patil Ujwal Subhash Advocate for the Respondent : Shri Shaikh Naseem R.
CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.
DATE :- 19th August, 2023
Per Court :-
(a) Family Court Appeal No.7/2023:-
sides.
impugned judgment dated 02.01.2023 granting divorce to the
Respondent/ husband, the Appeal is admitted . The appeal paper
book shall be prepared within six months.
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the parties would be at liberty to pray for mediation, once again, only if they are serious in resolving the dispute.
(b) Civil Application No.1192/2023:- 5. The learned Advocate for the Respondent/ husband has vehemently opposed the Civil Application, contending that there is no ground, which is worthy of consideration for granting any interim order. He further submits that the impugned judgment is based on cogent evidence and is a sound conclusion arrived at by the concerned Court.
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paid by the husband to the wife, would continue to operate till the appeal is decided. In the event, the Appellant desires to seek enhancement in maintenance in the light of any increment or hike in the salary of the Respondent, liberty to apply.
kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J. )
1 issue framed by the court
Whether parties can remarry during the pendency of a matrimonial appeal challenging a divorce decree.
Anjali Atul Rajput
Atul Abhijit Rajput
Ravindra V. Ghuge
Y. G. Khobragade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
