1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.109 OF 2009 IN FAMILY COURT APPEAL NO.69 OF 2009 Rohini Raju Khamkar ....Applicant V/s. Raju Ranba Khamkar ....Respondent Mr.Tehesh Dande for the Applicant. Mr.Raj J. Khude for the Respondent. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 7TH JULY, 2009. P.C. : 1. Heard Mr.Dande, the learned counsel for the Applicant. Mr.khude appears for the Respondent. 2. The Respondent claims to have remarried on 25.5.2008 and he further claims that the said marriage was registered on 26.6.2009. Mr.Dande has disputed this statement and has produced before us a copy of the birth certificate issued by the Municipal Corporation of Greater Mumbai which shows that the Respondent begot a son on 12.7.2008 from the second wife. Mr.Dande therefore, states that the Respondent appears to have remarried even when his petition for divorce was pending before the Family 2 Court. 3. Be that as it may, the fact remains that the Respondent is already remarried and therefore, this application does not survive in so far as the prayer for stay to the decree of divorce. 4. Hence it is disposed off as such. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)