(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This is an Application at the instance of the respondent-husband for vacating the interim relief granted to the appellant vide order dated 13th October 2008. By the said order, a Division Bench stayed the operation of the decree for divorce during the pendency of the Appeal.
By this Application, the husband has prayed for vacating the said order on the ground that immediately after waiting for a period of three months he has contracted a further marriage.
After going through the order impugned, we find that the allegation of the wife was that the husband had already married one Bharti @ Shanti and it appears that according to the applicant before us he has married the said lady, namely, Bharti.
In such circumstances, we do not find any reason to vacate the interim order earlier granted.
As regards the alternative relief claimed in this Application, we are of the view that the same may be considered if the respondent takes the responsibility of preparation of the paper-book at his own cost. We, therefore, direct the respondent to prepare eight copies of informal paper-book containing application for divorce, written-statement, entire depositions, entire exhibits, memorandum of appeal presented before this Court and the order impugned.
The office is directed to serve notice of arrival of the lower court's record not upon the learned advocate for the appellant but upon the respondent.
After filing of the paper-book, the respondent will be at liberty to mention for early hearing. The Application is, thus, disposed of.
(Bhaskar Bhattacharya, Acting C.J.) (J.B.Pardiwala, J.) /moin Top