FA/84/2020
2023 Latest Caselaw 842 UK

                    Office Notes,
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SL.
         Date       or directions                    COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
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      28.03.2023                     FA No. 84 of 2020
                                     Sri Vipin Sanghi, C.J.
                                     Sri Alok Kumar Verma, J.

Mr. Abhijay Negi, learned counsel for the appellant.

Ms. Beena Pande, learned counsel for the respondent.

Urgency application (IA No.6905 of 2023) is allowed.

Interim Relief Application (CLMA No.3804 of 2020)

This application, filed by the appellant, is taken up for hearing.

The submission of Mr. Negi is that the respondent is proceedings to execute the decree passed by the Family Court for restitution of conjugal rights. Properties of the appellant may be attached by the Executing Court.

He further submits that since the appeal is pending, execution should be stayed, as the appeal would become infructuous, if the restitution of conjugal rights is forcibly obtained by the respondent. He also points out that the respondent, in her cross-examination, had admitted before the Family Court that she had filed a false complaint against the appellant.

Prima facie, we find merit in the aforesaid submissions of Mr. Negi.

Accordingly, we stay the operation of the impugned judgment and decree dated 20.01.2020, till the hearing of the present appeal.

List the appeal for hearing on 21.08.2023.

                                      (Alok Kumar Verma, J.)            (Vipin Sanghi, C.J.)
                                               28.03.2023                       28.03.2023
                                     NISHANT