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Bombay High CourtIA/18365/2022disposed off

Prerana Rajendra Aher v. Rajendra Bhausaheb Aher

2023-12-21Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan3 pages

by AARTI GAJANAN PALKAR Date:

2023.12.29 10:16:52 +0530 AARTI GAJANAN PALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18365 OF 2022 IN FAMILY COURT APPEAL (L) NO.20059 OF 2022 Dr. Prerana Rajendra Aher ....Applicant

IN THE MATTER BETWEEN

Dr. Prerana Rajendra Aher ....Appellant

Versus

Dr. Rajendra Bhausaheb Aher

...Respondent

Mr. Jaydeep Deo, Advocate for Applicant/Appellant. Mr. Satyajeet P. Dighe, Advocate for Respondent.

CORAM

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

DATE : DECEMBER 21, 2023 P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 4 months and 13 days in filing the above Family Court Appeal.

2.

We have heard the learned counsel appearing on behalf of the

Appellant-Wife as well as the learned counsel appearing on behalf of the Respondent-Husband.

3.

We have perused the Interim Application and we are satisfied that a case is made out for condoning the delay. 4.

In these circumstances, the above Interim Application is allowed in terms of prayer clause (a), which reads thus:- "a.

Condone the delay of 4 months and 13 days in filing the aforesaid Family Court Appeal and her the said appeal on merits." 5.

Now that we have condoned the delay, the Registry shall proceed to number the above Appeal subject to all other office objections be removed from the Advocates for the Appellant-Wife within a period of four weeks from today, failing which the above Family Court Appeal shall stand dismissed without further reference to the Court.

6.

The Ad-interim order passed by this Court on 6th October, 2022 is modified and it is directed that the Respondent-Husband shall not remarry till further orders.

7.

The above Interim Application is disposed of in the aforesaid

terms. However, there shall be no order as to costs. 8.

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.]