VAIBHAVI RAJENDRA CHALKE Vs. RAJENDRA GANPAT CHALKE

JUDGEMENT

(1.) This Family Court Appeal is directed against the judgment and decree dtd. 5/3/2018 passed by the learned Judge, Family Court, Thane in Petition No. A-22/2012 whereby the decree of divorce filed by the respondenthusband on the ground of cruelty came to be allowed in terms of the following order:

(2.) At the outset, we may observe that the present appeal which today is listed for admission, although was filed on 1/8/2018. 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 remarried. The scope of the present proceedings does not exceed the challenge, to the impugned judgment and decree which would have nothing to do with the second marriage of the respondent. In the facts and circumstances of the case, learned counsel for the parties would not dispute that even assuming the appeal is to be admitted and heard finally, adjudication of this appeal would be academic, as the second marriage of the respondent cannot be disturbed in the present proceedings. In fact this is not even the case of the appellant. The proceedings needs to end at this.

(3.) Be that as it may, for the sake of completeness, in the context of the challenge as raised in the appeal we may observe that the only objection as urged on behalf of the appellant in assailing the impugned judgment and order passed by the Family Court is to the observations made by the Family Court in paragraph 34 of the impugned judgment. The respondent's case for a decree of divorce on the ground of cruelty against the appellant, was to the effect that the appellant had lodged a false prosecution against the respondent, under the provisions of Sec. 498A of Indian Penal Code. The observations of the Family Court in paragraph 34 of the impugned judgment reads thus: