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2016 Supreme(SC) 1045

KURIAN JOSEPH, ROHINTON FALI NARIMAN
VISHNU BABU TAMBE – Appellant
Versus
APURVA VISHNU TAMBE – Respondent


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 b




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