RACHNA BAI Vs. RAJESH KUMAR MAHORE (KORI)

JUDGEMENT

(1.) Present appeal, under Sec. 19 of the Family Courts Act, is directed against the judgment and decree dtd. 13/5/2015 passed by the Principal Judge, Family Court, Ashok Nagar (M.P.) in Case No.40A/2015 HMA whereby the suit filed by the respondent/husband under Sec. 13 of the Hindu Marriage Act, 1955, has been decreed.

(2.) One of the grounds raised by the appellant is that the suit has been decreed during the period when the proceeding of said suit was stayed by this Court by order dtd. 3/7/2013 passed in MCC No.142/2013.

(3.) It is borne out from the record and not disputed by the parties that during the pendency of the case before the Family Court, the appellant filed an application under Sec. 24 of the Code of Civil Procedure, 1908, for transfer of the case from the court of District Judge Ashok Nagar to Family Court, Gwalior (M.P.) wherein by order dtd. 3/7/2013 interim order to the following extent was passed: