Mrs. Aarti Vinod Sawant v. Mr. Vinod Dinkar Sawant

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application NO. 31 OF 2016 IN Family Court Appeal (ST) NO. 2433 OF 2016 MRS. AARTI VINOD SAWANT ...Applicant

Versus

MR. VINOD DINKAR SAWANT

...Respondent

Ms.Nidhi Singh i/b. JOY LEGAL CONSULTANTS, for the Applicant. Ms.Maneesha Patel, for the Respondent.

----- CORAM : A.S.OKA & G.S.KULKARNI, JJ.

DATED : 16th MARCH,2016.

---- P.C.:- 1.

Heard the learned Counsel appearing for the Applicant and the learned Counsel appearing for the Respondent. The application for condonation of delay is opposed by the learned Counsel for the Respondent-husband.

2.

The challenge in the appeal is to the impugned judgment and decree of the Family Court by which the Petition filed by the Applicant-wife for decree of divorce has been dismissed. The reasons have been recorded in paragraphs 5 and 6 of the Application for not

pvr 2 16cam31-16.doc filing an appeal within the stipulated period of limitation. This is a fit case where justice oriented and liberal approach has to be adopted for condoning long delay.

3.

Accordingly, sufficient cause is made out. The application is allowed in terms of prayer clause (a).

4.

Place the Family Court Appeal on 27th April,2016 in the category of "Fresh Admission".

5.

Considering the ages of the respective parties, it will be appropriate to explore the possibility of an amicable settlement. Parties to remain personally present in Court on the next date. (G.S.KULKARNI, J.) (A.S.OKA, J.)

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