Shri. Mahadev Laxman Garad v. Sou. Swati Mahadev Garad

Mhi 1 CAM-319-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 319 OF 2016 IN FAMILY COURT APPEAL (St.) No. 15877 of 2016 Shri Mahadev Laxman Garad ...

Applicant Vs.

Sou. Swati Mahadev Garad ...

Respondent Mr.Ranvir Shekhawat i/b. Mr.Priyal G. Sarda for the Applicant. Mr.A.B.Tajane for the Respondent.

CORAM:

R.M.SAVANT & SMT.SADHANA S.JADHAV, JJ.

DATE : 26th July 2017.

P.C.

The above Civil Application has been filed for condonation of delay of 18 days in filing the above Family Court Appeal. The reasons therefor are mentioned in the above Civil Application. 2.

The learned Counsel appearing on behalf of the Respondent opposes the Application on the ground that the Respondent, in the intervening period after the limitation for filing the Appeal was over, has already married and, therefore, no useful purpose would be served in condoning the delay. The FCA is directed against the decree of divorce which has been granted by the learned Judge of the Family Court, Solapur. In our view, the said contention of the Respondentwould be relevant at the

Mhi 2 CAM-319-16.sxw time of hearing of the above FCA.

3.

Having regard to the fact that there is delay of only 18 days, the same is required to be condoned and is accordingly condoned. The Civil Application is disposed of.

4.

List the FCA for admission on 23.8.2017.

(SMT. SADHANA S.JADHAV, J.) (R.M.SAVANT,J.)