Mrs. Vandana Ramchandra Jaiswal v. Suresh Ramajor Jaiswal

by AARTI GAJANAN PALKAR Date:

2024.02.05 10:54:41 +0530 AARTI GAJANAN PALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19438 OF 2022 IN FAMILY COURT APPEAL (L) NO.14633 OF 2022 Mrs. Vandana Ramchandra Jaiswal ....

Applicant

IN THE MATTER BETWEEN

Mrs. Vandana Ramchandra Jaiswal ....

Appellant

Versus

Mr. Suresh Ramajor Jaiswal ....

Respondent Mr. Muralidharan V.C., Advocate for Applicant/AppellantWife. None present for Respondent (Though Vakalatnama filed by Mr. Prashant Rathod, Dundapa Patil & Meenakshi Kalwar).

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : FEBRUARY 02, 2024 P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 2 years and 208 days in filing the above Family Court Appeal.

2.

In the Interim Application, it is stated that though the impugned order was passed on 22nd August, 2019, it was served on the Applicant/Appellant only on 18th December, 2019. It is the specific case of the Appellant that she was not served with the summons and the copy of the petition filed before the Family Court and that the Respondent obtained the service report by fraud and misrepresentation. It is now common knowledge that from March 2020, there was a National Lockdown due to the Covid-19 Pandemic. The present appeal has been filed on 30th May, 2022. 3.

After perusing the above Interim Application and after taking into consideration all facts, we are satisfied that sufficient cause is made out for condoning the delay. In these circumstances, the delay is condoned.

4.

Now that the delay is condoned, the Registry shall proceed to number the above Appeal subject to the Appellant removing all other office objections within a period of four weeks from today, failing which the above Appeal shall stand dismissed without further reference to the Court.

5.

The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

6.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]