(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) ORDER IN FIRST APPEAL:
ADMIT.
ORDER IN CIVIL APPLICATION:
1. Present application is for interim injunction pending the First Appeal against the judgment and decree of the Family Court, whereby the decree is passed for dissolution of marriage
2. Heard learned counsel Mr. Thakkar for the applicant and Mr. Harendra Banatwala for Mr. Dave for the respondent.
3. Considering the facts and circumstances, it appears that if the interim stay is not continued or not granted, irreversible situation may arise inasmuch as the respondent-husband may remarry. Apart from this, it also prima facie appears that whether requirement for period of two years so as to invoke the provision for dissolution of marriage was satisfied or not, is not an aspect to be considered since, as per the pleadings, the wife had left the matrimonial home on 18.4.2006 whereas the suit was filed on 27.4.2006. Hence, the ad-interim relief granted earlier shall stand confirmed. It is also observed that the interim maintenance, as ordered pending the suit before the Family Court, shall continue to be paid by the respondent to the applicant-appellant.
4. The application is allowed to the aforesaid extent.
(JAYANT PATEL, J.) (C.L.
SONI, J.) omkar Top