SMT. VAIBHAVI RAJENDRA CHALKE vs SHRI. RAJENDRA GANPAT CHALKE

Judgment text excerpt

Digitally signed by VIDYA VIDYA SURESH SURESH AMIN 10.FCA155 _2018.DOC AMIN Date: 2025.01.10 21:32:32 +0530 Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 155 OF 2018 Vaibhavi Rajendra Chalke … Appellant Versus Rajendra Ganpat Chalke …Respondent Mr. Omkar Nagvekar i/b. Prabha U. Badadare for the appellant. Mr. Dushyant S. Pagare for the respondent. _______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. Date : 3 January, 2025 _______________________ Oral Judgment (Per G.S. Kulkarni, J.) 1. This Family Court Appeal is directed against the judgment and decree dated 5 March, 2018 passed by the learned Judge, Family Court, Thane in Petition No. A-22/2012 whereby the decree of divorce filed by the respondent- husband on the ground of cruelty came to be allowed in terms of the following order: “O R D E R “1. The petition is allowed. 2. The marriage between Rajendra (petitioner/husband) and Vaibhavi (respondent/wife) which was solemnized on 02.03.2006, is hereby dissolved by decree of divorce w.e.f. the date of decree. 3. The respondent shall bear her own costs and shall pay the costs of petitioner. 4. Copy of judgment be given free of costs to both the parties as per Sec.23(4) of the Hindu Marriage Act, 1955. 5. Decree be drawn accordingly.” Page 1 of 10 3 January, 2025 10.FCA155 _2018.DOC 2. At the outset, we may observe that the present appeal which today is listed for admission, although was filed on 1 August, 2018. There was no stay to the impugned judgment and decree by which the marriage between the parties have been annulled. It is informed by learned counsel for the appellant that in the meantime, the respondent has remarried. The appellant is also aware and conscious of the respondent having rem