Shri. Ashish Sharad Chitale v. Sou. Vaishali Ashish Chitale And ORS.

18 CAM 173 OF 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.173 OF 2019 IN FAMILY COURT APPEAL (ST) NO.13277 OF 2019 Ashish Sharad Chitale ...

Applicant versus Vaishali Ashish Chitale and Ors.

...

Respondents Mr. Kishore Hase, for Applicant.

Mr. Anand S. Patil, for Respondents.

CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE: 26 th JULY, 2019 P.C.:

1.

The Civil Application is filed by the Appellant-husband seeking condonation of delay of 236 days in filing the Appeal. The learned Advocate for the Respondentwife resisted the Application submitting that good and sufficient reasons are not stated for such considerable delay. He also stated that the Applicant has not cleared the entire amount of maintenance and educational expenses payable by the Applicant for the minor children.

2.

In view of the fact that the Respondent-wife has also filed an Appeal challenging the very same judgment of the Family Court, which has given rise to the present Appeal, we are inclined to condone the delay, however, in the facts of the case, the same shall be conditional on the Applicant-husband paying cost of Rs.25,000/- to SSP 1/2

18 CAM 173 OF 2019.doc the Respondents. Costs shall be paid directly to the Respondents within two weeks from today. If such amount is not paid, this order shall automatically stand recalled and the Civil Application shall stand dismissed and consequently, even the Family Court Appeal would stand dismissed. The Civil Application is accordingly disposed of.

( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2