Bhavana @ Sonu W/O Sagar ... vs Shri Sagar S/O Rajendraji ...
2023 Latest Caselaw 1969 Bom

Citation : 2023 Latest Caselaw 1969 Bom
Judgement Date : 28 February, 2023

Bombay High Court

Bhavana @ Sonu W/O Sagar ... vs Shri Sagar S/O Rajendraji ... on 28 February, 2023

Bench: Vinay Joshi, Valmiki Sa Menezes

                                              1                                   55.cao.4178.2023

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                        CIVIL APPLICATION ST. NO. 4178 OF 2023
                          IN F.C. APPEAL ST. NO.4177 OF 2023
                                Bhavana @ Sonu w/o Sagr Ghayvankar
                                                 ..vs..
                                 Shri Sagar s/o Rajendraji Ghayvankar
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Office Notes, Office Memoranda of Coram,                                Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                Shri S.S. Sitani, Advocate for the applicant/appellant.


                           CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATED : 28/02/2023.

Heard.

2. This is an application for condonation of delay caused in filing the appeal.

3. Learned Counsel for the applicant/appellant seeks for stay to the impugned judgment and decree of divorce passed by the Family Court. The husband has applied for divorce on the ground of cruelty.

4. The wife though served remained absent and therefore, ex-parte divorce decree has been passed on 19.10.2022, which is the subject matter of challenge.

5. It is the wife's contention that she was not served in divorce proceeding but by practicing fraud, the decree has been obtained. The wife has expressed her fear that the husband may use the decree of divorce in some other proceedings, which would be at her detriment. Moreover, it is submitted that since prior to the filing of divorce petition, till date both are residing 2 55.cao.4178.2023

together.

6. In view of above, issue notice to the non- applicant/respondent, returnable on 21.03.2023 and till further orders, the impugned judgment and decree shall stand stayed.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.) Trupti

TRUPTI SANTOSHJI AGRAWAL

02.03.2023 11:50