Vishnu Babu Tambe vs Apurva Vishnu Tambe

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11578-79 OF 2016 [@ SPECIAL LEAVE PETITION (C) NOS. 15440-15441 OF 2016 ]

VISHNU BABU TAMBE Appellant(s)

VERSUS

APURVA VISHNU TAMBE Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant is aggrieved by the interim order

dated 23.03.2016 in Civil Application No. 355 of 2013

with Civil Application No. 106 of 2015 in Family

Court Appeal No. 241 of 2013.

3. It is not in dispute that the appeal, as such, is

pending before the High Court. The appeal is filed

by the respondent herein against the Judgment and

decree dated 30.09.2013 passed by the Family Court,

Bandra, Mumbai, dissolving the marriage between the

appellant and the respondent.

Signature Not Verified Digitally signed by JAYANT KUMAR ARORA Date: 2016.12.10 12:29:38 IST Reason:

4. While hearing the interlocutory applications, the

High Court took note of the submission made by the 2

appellant that the Court should take note of the

subsequent marriage performed by the appellant after

the decree of dissolution of marriage and pass

appropriate orders. While considering the

applications at the interlocutory stage, the High

Court has granted a declaration that the second

marriage performed by the appellant on 02.01.2014 is

completely illegal.

5. Having heard the learned counsel on both the

sides, we are of the view that the High Court should

have refrained from passing a final order on the

issue at the interlocutory stage. All available

contentions are to be raised by the parties at the

stage of final disposal of the appeal.

6. Therefore, we dispose of these appeals with a

request to the High Court to dispose of the Family

Court Appeal No. 241 of 2013 expeditiously, without

being influenced by any of the observations and

findings recorded by the High Court in the impugned

order as also by this Court, since those observations

and findings are only to be taken as a prima facie

view of the Court, for an order passed at an

interlocutory stage.

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7. In that view of the matter, the declaration

regarding illegality of the second marriage is

vacated.

8. We make it clear that all available contentions

are left open to the parties, to be raised at the

time of final disposal of the appeal before the High

Court.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi;

December 02, 2016.

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ITEM NO.6 COURT NO.8 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 15440-15441/2016

(Arising out of impugned final judgment and order dated 23/03/2016 in CA No. 106/2015 23/03/2016 in FCA No. 241/2013 23/03/2016 in CA No. 355/2013 passed by the High Court Of Bombay)

VISHNU BABU TAMBE Petitioner(s)

VERSUS

APURVA VISHNU TAMBE Respondent(s)

(with interim relief and office report)

Date : 02/12/2016 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s) Dr. Manish Singhvi, Adv.

Mr. Irshad Ahmad, Adv.

For Respondent(s) Mr. Vinay Navare, Adv.

Mr. Gwen Karthika, Adv.

Ms. Abha R. Sharma, Adv.

UPON hearing counsel the Court made the following O R D E R

Leave granted.

The appeals are disposed of in terms of the signed

non-reportable Judgment.

Pending interlocutory applications, if any, are disposed of.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(Signed non-reportable Judgment is placed on the file)