1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. NO. 7085/08 IN F.A. NO. 1253 OF 2008 Smt. Bhawna V. Sakhare .vs. Vijaykumar T. Sakhare ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. Mr. C.J. Sukhadeve, Advocate for applicant, Mr. S.V. Bhutada, Advocate for respondent. CORAM: D.K. DESHMUKH & PRASANNA B. VARALE, JJ. DATED: NOVEMBER 20, 2008. Heard the learned Counsel for the parties. This application has been taken out by the appellant for stay of the decree of divorce passed by the Family Court in favour of the husband. The appeal has been admitted. If during the pendency of this appeal, the decree of divorce is not stayed, the husband may re-marry and that may create complications in the matter. Therefore, we put it to the learned Counsel appearing for the respondent that if the respondent makes a statement that when seeking leave of the Court during the pendency of the appeal, he will not remarry, we can make appropriate order. The learned Counsel sought time and today he states before us that he is not in a position to make that statement. In our opinion, if the execution of the decree of divorce is not stayed and if the respondent remarries during the pendency of the appeal, innocent third party may suffer and, therefore, in our opinion, this Civil Application will 2 have to be granted. Civil Application is, therefore, granted in terms of the prayer clause. Civil Application stands disposed of. JUDGE JUDGE. J.