Phool Kumari vs Manish Kumar Shah
2024 Latest Caselaw 15013 MP

Madhya Pradesh High Court

Phool Kumari vs Manish Kumar Shah on 20 May, 2024

Author: Sheel Nagu

Bench: Sheel Nagu

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           FA No. 1317 of 2023
                                                     (PHOOL KUMARI Vs MANISH KUMAR SHAH)

                          Dated : 20-05-2024
                                   Shri Arvind Kumar Pathak - Advocate for the appellant/wife.

                                   Shri Eshaan Datt - Advocate for the respondent/husband.

Respondent/husband has moved I.A. No.8921/2024 for vacating stay granted by this Court on 22.12.2023 by which execution of impugned judgment and decree was stayed.

Present appeal is filed against judgment and decree passed u/S.12 of the Hindu Marriage Act in favour of husband.

Learned counsel for husband submits that Section 15 of Hindu Marriage Act, which by operation of law restraints respondent before Appellate Court from remarrying during pendency of an appeal filed within period of limitation, is not applicable in respect of decree passed u/S.12 of Hindu Marriage Act.

Aforesaid argument of learned counsel for appellant may not be acceptable in terms of Apex Court's decision in the case of Smt. Lata Kamat vs. Vilas AIR 1989 SC 1477.

In view of above, I.A. No.8921/2024 for vacating stay has become infructuous and is dismissed as such.

List the matter for final hearing in the month of September, 2024. Interim relief, if any, shall continue till next date of hearing.

                             (SHEEL NAGU)                                      (AMAR NATH (KESHARWANI))
                                JUDGE                                                   JUDGE

                          mohsin