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Delhi High Court - Orders

Praggya Walke vs Ram Chandra Rao Walke @ Sidharth on 6 April, 2023

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva, Sachin Datta

                          $~14
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    MAT.APP.(F.C.) 75/2022 & CM APPL. 25276/2022 & CM APPL.
                               25392/2022
                               PRAGGYA WALKE                               ..... Appellant
                                                   Through:     Mr. Gagan Gupta and Mr. Amit
                                                                Bhatnagar, Advocates
                                                   versus

                               RAM CHANDRA RAO WALKE @ SIDHARTH ..... Respondent
                                                   Through:     Mr.   Siddharth    Yadav,   Senior
                                                                Advocate with Mr. P.K. Malik, Ms.
                                                                Meena Jindal, Mr. Wasim Ashraf and
                                                                Mr. Ankit Chadha, Advocates

                               CORAM:
                               HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                               HON'BLE MR. JUSTICE SACHIN DATTA
                                            ORDER

% 06.04.2023 CM APPL. 25275/2022 (stay)

1. Learned counsel for the appellant prays that the operation of the impugned order be stayed and respondent be restrained from solemnising another marriage.

2. The respondent who is present in person states that he has not solemnized another marriage.

3. in view of the Section 15 of the Hindu Marriage Act, 1955, where an appeal is presented within time, the decree holder cannot marry till the time the appeal is disposed of.

4. Since the appeal is presented in time, the operation of the impugned order is stayed. The respondent is restrained from Signature Not Verified Digitally Signed MAT.APP.(F.C.) 75/2022 1 By:RASHIM KAPOOR Signing Date:10.04.2023 12:59:06 solemnising another marriage.

5. The application is allowed in the above terms. MAT.APP.(F.C.) 75/2022

6. Learned counsels for the parties submit that the resolution of the dispute has not been possible, at this stage.

7. Accordingly, list for hearing on 26.05.2023.

8. In the meantime, parties shall file a brief note of submissions before the next date of hearing.

9. In the meantime, digital copy of the family court record be requisitioned.

SANJEEV SACHDEVA, J SACHIN DATTA, J APRIL 6, 2023 'rs' Signature Not Verified Digitally Signed MAT.APP.(F.C.) 75/2022 2 By:RASHIM KAPOOR Signing Date:10.04.2023 12:59:06