Mr. Anurag Kulshrestha v. Mrs. Sapna Kulshrestha @ Sapna Srivastava

1/2 cam 317 of 2015 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 317 OF 2015 IN FAMILY COURT APPEAL (ST) No. 22333 OF 2015 WITH CIVIL APPLICATION No. 318 OF 2015 IN FAMILY COURT APPEAL (ST) No. 22333 OF 2015 Mr. Anurag Kulshrestha ....Applicant Vs.

Mrs.Sapna Kulshrestha @ Sapna Srivastava...Respondent ****** Applicant/ Appellant present in person.

None appears on behalf of the Respondent ****** CORAM : V. M. KANADE & SMT. SWAPNA S. JOSHI, JJ DATE : SEPTEMBER 23, 2016 P.C. :

1.

Heard the Applicant/Appellant, who is present in person. None appears on behalf of the Respondent. Even in the morning session, when the matter was called out, neither the Respondent- wife, nor her advocate was present. On two earlier dates, Respondent's advocate was present and argued in this case.

2/2 cam 317 of 2015 2.

This application is filed for condonation of delay of 624 days in filing the present Family Court Appeal. It is stated that the Applicant was trying to settle the dispute with his wife regarding access of his son, which was given to him as per the consent terms, which were filed by them in the Family Court.

3.

Since the Respondent -wife has not filed any reply despite service of notice, we are of the view that the delay of 624 days, caused in filing this appeal, needs to be condoned since the Applicant is only seeking access of his son as per the consent terms filed in the Family Court.

4.

Hence, delay of 624 days caused in filing the FCA is condoned. Civil Application is allowed and disposed of in terms of prayer clauses (a) and (b).

5.

The Appellant is permitted to annex the report of the Marriage Councilor within two weeks ( in FCA (ST) No. 22333 of 2015). SWAPNA S. JOSHI, J.

V.M. KANADE, J.

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