Smt. Priyanka Vivekanand Ghute v. Shri. Vivekanand Harischandra Ghute

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 347 OF 2018 IN FAMILY COURT APPEAL (st.) NO. 26376 OF 2018 Smt. Priyanka V. Ghute ... Applicant/Appellant.

V/s.

Shri Vivekanand H. Ghute ... Respondent.

--- Mr. R. P. Hake- Patil, Advocate I/by B.S. Shinde, for the Applicant / Appellant.

Mrs. Pranali Sawant, Advocate for the Respondent. --- CORAM : K.K. TATED & N.J. JAMADAR,JJ.

DATE : DECEMBER 07, 2018.

PC :

Heard the learned counsel for the parties.

By Civil Application, the applicant- wife is seeking condonation of delay in filing the Family Court Appeal, challenging the judgment and decree dated 26.03.2018 passed by the Family Court No. 2, Pune in Petition A-412/2015, allowing the respondent -husband's petition for divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955. Learned counsel appearing on behalf of the Respondent-husband vehemently opposed the present civil application. She submits that the applicant has not shown Borey 1/2

spb/ 932cam347-18with fca26376-18.odt sufficient cause for condonation of the delay; hence, there is no question of allowing the present civil application. We have heard both sides at length. Considering the submissions made by the learned counsel for the applicant and respondent and the reasons disclosed in the civil application, we are satisfied that the applicant has made out a case for allowing this civil application. Hence, following order :

i.

Delay in filing the family court appeal is condoned. ii. Civil application stands disposed of accordingly. (N.J. JAMADAR, J.) (K. K. TATED,J.) .....

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