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Vishnu Babu Tambe vs Apurva Vishnu Tambe on 2 December, 2016

Bench: Kurian Joseph, Rohinton Fali Nariman

                                                           1

                                                                                      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.

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.

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.

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)