NEETA RAKESH JAIN Vs. RAKESH JEETMAL JAIN

JUDGEMENT

(1.) Leave granted.

(2.) The order dated September 21, 2006 passed by the High Court of Judicature at Bombay (Appellate Side), which fixes the interim maintenance at the rate of Rs. 12000/- per month pending appeal, is under challenge at the instance of the wife - appellant in this appeal by special leave.

(3.) The parties were married on May 8, 1995. The respondent-husband petitioned for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short, 'the Act') on the ground of cruelty and desertion against the wife The Principal Judge, Family Court No. 5, Pune, passed an ex-parte decree on April 7, 2005 dissolving the marriage between the parties on the ground of cruelty. The wife has preferred an appeal before the Bombay High Court challenging the ex-parte/degree. The appeal has been admitted. On July 18, 2005 an amendment order was granted staying the operation of the ex-parte decree. The husband was also restrained from re-marrying until further orders. The ad-interim stay order is operative although the husband has informed the High Court that on July 22, 2005 he had re-married. The factum of re-marriage has been disputed by the wife before the High Court.