AKASH KANWARLAL KAMAL Vs. HIMANI AKASH KAMAL

JUDGEMENT

(1.) This Interim Application is a classic example of increasing tendency amongst the litigants to try to overreach the provisions of Law by creating a situation, which is difficult to reverse, thereby making pending proceedings infructuous. In the present case, such effort is made by a wife in a matrimonial dispute arising out of divorce proceedings.

(2.) This is an application filed by Applicant-wife (Respondent in Appeal) praying for dismissal of Appeal (FCA No. 173/2019) on account of her second marriage. An alternative prayer is made to vacate the interim order passed by this Court dtd. 11/10/2019 in IA No. 1/2019 and for expeditious hearing of the appeal.

(3.) It is the case of the Applicant-Wife that marriage between the Applicant and Respondent was solemnized on 9/8/2006 as per Hindu rites and rituals. The parties were blessed with a son named Arjun, who was born on 17/5/2008. Due to cruel treatment by Respondent-husband, the Applicant was forced to leave the matrimonial house and she filed petition for divorce and for relief of custody of child. On 12/7/2019, the Family Court No.5, Mumbai partly allowed the Applicant's claim and marriage between the Applicant and Respondent was dissolved by decree of divorce with effect from the date of the decree, giving her permanent custody of child Arjun. The Respondent Husband was permitted to have access on week-ends.