VISHNU BABU TAMBE Vs. APURVA VISHNU TAMBE

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11578-79 of 2016, Judgment Date: Dec 02, 2016

                                                              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.

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.