Mrs. Shipra Aditya Jain (Before Ms. Shipra Gopalhari… — Matrimonial and Divorce | Bombay HC (2024)

Mrs. Shipra Aditya Jain (Before Ms. Shipra Gopalhari… — Matrimonial and Divorce | Bombay HC (2024)

What the court decided

AI extract

Outcome

Stay of the operation of the divorce decree refused; the Interim Application disposed of by accepting the Respondent-Husband's undertaking (that he has not remarried and has no intention to remarry); no order as to costs.

Issue for consideration

Whether the operation, effect and implementation of the judgment and decree dated 8 February 2024 passed by the 4th Family Court, Mumbai in Petition No.A-1239/2019 (granting divorce to the Respondent-Husband on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955) should be stayed pending disposal of Family Court Appeal No.55 of 2024.

Court's answer

The statement, made on instructions by counsel for the Respondent-Husband, that he has not remarried and has no intention to remarry, was accepted by the Court as an undertaking given to the Court.

Ratio / Principle

In view of the undertaking that the Respondent-Husband has not remarried and does not intend to remarry, the Court saw no reason to stay the operation of the impugned judgment and decree.

Key takeaways

The Interim Application was disposed of by accepting the Respondent-Husband's statement as an undertaking given to the Court.ratio¶16
There shall be no order as to costs.ratio¶16

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Coram: B. P. Colabawalla & Firdosh P. Pooniwalla, JJ., 12 July 2024 — Interim Application No.7586 of 2024 in Family Court Appeal No.55 of 2024 (Shipra Aditya Jain v. Aditya Jaykumar Jain): The wife-applicant sought a stay of the effect, operation and implementation of the judgment and decree dated 8 February 2024 passed by the 4th Family Court, Mumbai in Petition No.A-1239/2019, whereby divorce was granted to the husband on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955. On instructions, counsel for the husband stated that he had not remarried and had no intention to remarry; the Court accepted this statement as an undertaking given to the Court and held that, once such a statement was made, there was no reason to stay the operation of the impugned judgment and decree. The Interim Application was accordingly disposed of, with no order as to costs.

13.ia.7586.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7586 OF 2024 IN FAMILY COURT APPEAL NO.55 OF 2024

Shipra Aditya Jain .. Applicant

Versus

Aditya Jaykumar Jain .. Respondent

Mr.Swapnil Telang, Advocate for the Applicant-Wife.

Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2024.07.16 10:47:26 +0530

Mr.Mankishan Guha, Advocate for Respondent-Husband.

CORAM :B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE : JULY 12, 2024

P. C.

1. The above Interim Application is filed inter alia seeking a stay to the effect, operation and implementation of the impugned judgment and decree dated 8^th February 2024 passed by the learned 4^th Family Court, Mumbai in Petition No.A-1239/2019. By the impugned judgment and decree, and which is challenged in the above Family Court Appeal, the Family Court granted a divorce to the RespondentHusband on the grounds of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

Utkarsh

Page 1 of 2 JULY 12, 2024

13.ia.7586.2024.doc

2. The Respondent has filed an affidavit-in-reply opposing the grant of interim relief as sought in the above Interim Application. However, on instructions, the learned Counsel appearing on behalf of the Respondent-husband, stated that the Respondent-Husband has not remarried and has no intention to remarry. We accept this statement as an undertaking given to the Court.

3. Once this is the statement made, we do not see any reason to stay the operation of the impugned judgment and decree. The Interim Application is accordingly disposed of by accepting the statement made on behalf of the Respondent-Husband as an undertaking given to the Court. However, there shall be no order as to costs.

4. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

Page 2 of 2 JULY 12, 2024

Utkarsh