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SUPREME COURT OF INDIA
KURIAN JOSEPH & ROHINTON FALI NARIMAN, JJ.
VISHNU BABU TAMBE - Appellant
VERSUS
APURVA VISHNU TAMBE - Respondent
CIVIL APPEAL NO.11578-79 OF 2016 [@ SPECIAL LEAVE PETITION (C) NOS. 15440-15441 OF 2016
Decided On : 02-12-2016
Interlocutory Order - Marriage Dissolution - The court held that the High Court should have refrained from passing a final order on the issue of the legality of the second marriage at the interlocutory stage, and all available contentions should be raised at the stage of final disposal of the appeal.
Fact of the Case:
The appellant was aggrieved by the interim order of the High Court regarding the dissolution of marriage between the appellant and the respondent, and the subsequent declaration of the illegality of the appellant's second marriage.
Finding of the Court:
The court found that the High Court should not have passed a final order on the issue at the interlocutory stage and disposed of the appeals with a request to the High Court to expedite the final disposal of the appeal without being influenced by the previous observations and findings.
Issues: Interlocutory order, dissolution of marriage, legality of second marriage
Ratio Decidendi: The court emphasized that all available contentions should be raised at the stage of final disposal of the appeal and that the High Court should refrain from passing final orders on such issues at the interlocutory stage.
Final Decision: The declaration regarding the illegality of the second marriage was vacated, and it was made 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.
JUDGMENT :
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.
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.
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