IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL FIRST APPEAL NO. 70 OF 2010 Major Joydeep Mazumdar ….....Appellant. Versus Smt. Bharti Jaiswal ….…Respondent. Present:- Shri A.V. Pundir, Advocate for the appellant. Shri B.P. Nautiyal, Advocate for the respondent. Coram: Hon’ble Prafulla C. Pant, J. Hon’ble Sudhanshu Dhulia, J. Prafulla C. Pant, J. (Oral) 1. This is a Delay Condonation Cpplication of No. 9320 of 2010 for condonation of delay in filing the appeal against the judgment and decree dated 10.9.2010 passed by the Principal Judge, Family Court, Dehradun in Suit No. 399 of 2009. 2. Heard and perused the affidavit. 3. 18 days’ delay in filing the appeal is condoned. Delay Condonation Application No. 9320 of 2010 stands allowed. 4. Also heard on admission and perused the impugned ex parte judgment and decree dated 10.9.2010 passed by the trial court whereby the appellant has been injuncted not to remarry. 5. Brief facts of the case are that the parties to the matrimony got married under Special Marriage Act, 1954 in the year 2006. The appellant (husband) instituted a suit before Vishakhapatnam Court for a decree of divorce. The respondent (wife) instituted a suit No. 399 of 2009 for declaration of the decree of divorce as null and void before Dehradun Court. She also sought injunction that the appellant may not remarry. 2 6. During arguments, learned counsel for the parties admitted that now ex parte decree of divorce passed by Vishakhapatnam Court has already been set aside under Order IX Rule 13 of C.P.C. 7. In the above circumstances, the impugned decree injuncting the appellant not to remarry is innocuous and harmless. 8. The appeal is summarily dismissed with the observation that it shall not prejudice to the rights of the parties under litigation. 9. Stay Application (CLMA No. 9319 of 2010) stands disposed of. (Sudhanshu Dhulia, J.) (Prafulla C. Pant, J.) 10.11.2010 Avneet