Sunday, 26 March 2017

Whether court can grant final relief at interim stage?

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.
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11578-79 OF 2016

VISHNU BABU TAMBE 
 V
APURVA VISHNU TAMBE 
Dated:December 02, 2016. 
Citation:(2017) 2 SCC454


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.
4. While hearing the interlocutory applications, the
High Court took note of the submission made by the
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. 
Print Page

No comments:

Post a Comment