Shri. Manish Suryakant Trivedi v. Smt. Unnati Manish Trivedi

16 cam 201 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.201 OF 2019 IN FAMILY COURT APPEAL NO.9 OF 2010 Manish Suryakant Trivedi ...

Applicant versus Unnati Manish Trivedi ...

Respondent Mr. Sean Wassoodew, for Applicant.

Ms. Pooja Khandeparkar, for Respondent.

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

DATE:

6th SEPTEMBER, 2019 P.C.:

1.

This Civil Application is taken out by the Applicant-husband for restoration of the Family Court Appeal after condoning the delay caused in fling the Civil Application. Family Court Appeal No.9 of 2010 is already admitted on 18th June, 2010. Additional paper book had to be supplied by the Appellant, which was not done. Family Court Appeal therefore, stood dismissed.

2.

In larger interest of justice, we are inclined to restore the Family Court Appeal. We are conscious that there is a considerable delay in fling the restoration application. However, on the Applicant paying cost of Rs.10,000/- to the Respondent-wife, such delay is condoned, Family Court Appeal is restored to fle. R & P be SSP 1/2

16 cam 201 of 2019.doc called for from the Family Court concerned. In that view of the matter, there would be no requirement for providing additional paper book. The Civil Application is disposed of. 3.

Before closing we may record that on the additional afdavit fled by the Applicant-husband contending that he has cleared the entire arrears of interim maintenance, we have expressed no opinion. It would be open for the Respondent-wife to take out appropriate proceedings if in her opinion, the husband has not cleared such arrears.

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