Bombay High Court

ASHWINI NIKHIL DESHMUKHversusNIKHIL PARASHRAM DESHMUKH

Disposal: Disposed Off

Holding

The High Court granted a stay of the Family Court's judgment pending the final disposal of the appeal.

Summary

The appellant filed an interim application seeking a stay of the judgment and order dated 25 February 2025 passed by the Family Court, Satara, in a marriage petition. The High Court noted that there was no delay in filing the appeal and that Section 15 of the Hindu Marriage Act, 1955, governs the proceedings. Accordingly, the Court granted the relief sought, staying the effect, implementation, operation and execution of the impugned judgment pending the final disposal of the appeal. The interim application was disposed of in terms of the prayer clause (a). The order was signed by Justices Rajesh S. Patil and Abhay J. Mantri on 23 September 2026.

Issues considered

Whether the High Court should grant a stay of the Family Court's judgment pending the appeal
Whether Section 15 of the Hindu Marriage Act, 1955, applies to the interim application

Legislation cited

Hindu Marriage Act, 1955 — s. 15

Subjects

interim relief
stay of execution
Hindu Marriage Act
Section 15
family court appeal
marriage petition

Judgment

                                                  11-(b)-IA-9518-2025-(C).doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION

               INTERIM APPLICATION NO. 9518 OF 2025
                                IN
                FAMILY COURT APPEAL NO. 54 OF 2025

Ashwini Nikhil Deshmukh                        Appellant/
                                             … Applicant
            V/s.
Nikhil Parashram Deshmukh and anr            … Respondents
                       ________________________
Mr. Dilip Bodake a/w Adv. P. M. Dagade, Advocates for
Appellant/Applicant.
Mr. Kalpesh Patil a/w Mr. Digambar V. Jadhav, Advocates for
Respondent.
                      _________________________

                              CORAM      : RAJESH S. PATIL &
                                           ABHAY J. MANTRI, JJ.


                              DATED      : SEPTEMBER 23, 2026
P.C.:
1.         The present Interim Application has been filed by the

Applicant seeking a stay to the implementation, operation and

execution of the impugned Judgment and Order dated 25 February

2025, passed by the learned Judge, Family Court at Satara, in

Marriage Petition No. A-65 of 2023.


2.        By an order dated 23 June 2025 passed by this Court in the

present Interim Application, this Court, while issuing notice,


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                                                      11-(b)-IA-9518-2025-(C).doc


  specifically noted in paragraph No. 5 that the provisions of Section

  15 of the Hindu Marriage Act, 1955, will apply to the present

  proceeding, since there is no delay in filing the same.


  3.        In view of the above, the Interim Application is disposed of

  in terms of prayer clause (a), which reads as under:


             “(a) Pending the hearing and final disposal of the
             abovesaid Family Court Appeal, this Hon’ble Court be
             pleased to stay the effect, implementation, operation
             and execution of the impugned judgment and order
             dated 25.02.2025 passed by the Ld. Judge, Family
             Court, Satara, in Marriage Petition No. A-65 of 2023;”




  (ABHAY J. MANTRI, J.)                            (RAJESH S. PATIL, J.)


         Digitally
         signed by
         TALLE
TALLE    SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
         2026.09.28
         15:22:28
         +0530




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