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Bombay High CourtIA/17144/2023allowed

Yashwant Giri v. Deepika Yashwant Giri Nee Deepika Motwany Giri

2024-02-09Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

17.ia.17144.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17144 OF 2023 IN FAMILY COURT APPEAL (ST) NO.27904 OF 2023 IN PETITION NO.A-2206 OF 2015 Yashwant Giri .. Applicant (Org.Petitioner)

IN THE MATTER BETWEEN:

by UTKARSH KAKASAHEB BHALERAO Date:

2024.02.12 11:03:00 +0530 UTKARSH KAKASAHEB BHALERAO Yashwant Giri .. Petitioner

Versus

Deepika Yashwant Giri .. Respondent Jhangiani Narula, Advocate for the Applicant-Husband (through VC).

Pinaz Contractor a/w Hitekshi Bhanushali, Advocates for Respondent-Wife.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : FEBRUARY 09, 2024 P. C.

1.

The above Interim Application is filed seeking a Condonation of Delay of 147 days in filing the above Family Court Appeal partially impugning the judgment dated 16th November, 2022 delivered by the Family Court, Mumbai. By the impugned judgment the FEBRUARY 09, 2024 Utkarsh

17.ia.17144.2023.doc Family Court granted divorce to the Appellant-Husband but did not grant custody of the child to him.

2.

We have perused the Interim Application as well as heard the learned advocates appearing for the Appellant as well as Respondent. For the reasons stated in the Interim Application the delay of 147 days in filing the above Family Court Appeal is condoned. 3.

Now that the delay is condoned, the Registry is directed to number the above Appeal subject to the Appellant removing all other office objections within a period of 4 weeks from today, failing which the above Appeal shall stand dismissed without further reference to the Court.

4.

The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 5.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.] FEBRUARY 09, 2024 Utkarsh