Mrs. Samita @ Shamita Vikrant Deshpande v. Mr. Vikrant Chandrakant Deshpande

ash cam-230.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.230 OF 2015 IN FAMILY COURT APPEAL NO.215 OF 2013 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Shyam B. Rajbhar for the Applicant.

Shri A.A. Garge for the Respondent.

- CORAM :

A.S. OKA & A.A.SAYED, JJ DATED :

18TH AUGUST 2016 P.C.:

1.

Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent.

2.

The substantive Family Court Appeal preferred by the Applicant against the decree of divorce has been dismissed for non-prosecution under the order dated 25th November 2014. The learned counsel appearing for the Respondent opposed the Application by pointing out that even in the order

ash cam-230.15 dated 25th November 2014, this Court has recorded the conduct of the Applicant of repeatedly remaining absent.

3.

Though there is some merit in the submission made by the learned counsel appearing for the Respondent, we must note here that the substantive Appeal preferred by the Applicant is against the decree of divorce. Therefore, one opportunity deserves to be granted to the Applicant to prosecute the said Appeal.

4.

Accordingly, the Application is allowed in terms of prayer clauses (a) and (b).

(A.A. SAYED, J) (A.S.OKA, J)