:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 64 OF 2005 IN FAMILY COURT APPEAL NO. 34 OF 2006 Mrs. Anita K. Salian ..Applicant Vs. Mr. Kamlaksha K. Salian ..Respondent Mr. V.S. Kapse for applicant. Ms. Madhubala Shetty for respondent. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : March 16, 2009. Date : March 16, 2009. Date : March 16, 2009. P.C.: P.C.: P.C.: 1. Heard Mr. Kapse the learned counsel for the applicant and Ms. Shetty the learned counsel for the respondent. 2. The applicant has filed Family Court Appeal No. 34 of 2006 against the Judgment and Order dated 16/9/2004 rendered by the Family Court at Mumbai in M.J. Petition No.A-361 of 1999. The said petition was filed by the respondent seeking dissolution of marriage on the ground of cruelty and desertion. By the impugned order the marriage between the parties :2: solemnised on 7/3/1993 has been dissolved by decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Appeal has been admitted on 5/6/2006. 3. By this application, the applicant prays for stay to the decree of divorce impugned in the appeal. 4. There is no dispute that the respondent has re-married on 27/2/2005 i.e. before he was served with any notice in the appeal filed by the applicant-wife. He begot a son from the second marriage and under these circumstances we do not deem it appropriate to stay the decree of divorce during the pendency of the appeal. 5. Hence, the application is rejected. 6. Liberty to apply for fixing early date of hearing in Family Court Appeal No. 34 of 2006 after the appeal is ready for final hearing. :3: (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)