Sau. Vijayshri W/O Madan Bunde vs Madan S/O Mahada Bunde And Others
2023 Latest Caselaw 4818 Bom

                                                   1                                    38.fca.7.2023

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

                           FAMILY COURT APPEAL NO.7 OF 2023
                                    Sau. Vijayshri w/o Madan Bunde
                                                   ..vs..
                                   Madan s/o Mahada Bunde and anr.
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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 A.H. Joshi, Advocate for the appellant.


                            CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ.

DATED : 04/05/2023.

Heard.

2. This is an appeal of wife raising a challenge to the decree of divorce passed by the Trial Court on the ground of adultery and desertion.

3. Yesterday, the matter was circulated however as the caveator was absent, it is placed today, but once- again the caveator is absent.

4. It is the appellant's contention that the Trial Court utterly failed to consider the material while passing the decree of divorce. Particularly, it is the appellant's contention that there is no material to substantiate the case of adultery. Moreover, it is submitted that the Trial Court has not given proper opportunity to the appellant- wife to lead the evidence which resulted into failure of justice. The appellant expressed that on the strength of decree of divorce, the respondent-husband may remarry and then the position would become irreversible.

5. In view of above, issue notice to the respondents, returnable after four weeks.

2 38.fca.7.2023

6. In the meantime, there shall be stay to the impugned judgment and order dated 05.01.2023 passed by the Trial Court.

(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.) Trupti