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Bombay High CourtCAM/9/2018

Sou.Chhaya Ajay Parab v. Mr.Ajay Laxman Parab

2018-07-04Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

2.9.18-cam.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.9/2018 IN FAMILY COURT APPEAL ST NO.34234/2017 Basavraj Gurappa Patil Chhaya Ajay Parab ... Applicant V/s.

Ajay Laxman Parab ... Respondent Basavraj Gurappa Patil Date: 2018.07.10 11:40:48 +0530 Ms. Nasreen Sajid Khadique Ayubi for the Applicant Mr. Jacob Manoharan for the Respondent

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

JULY 4, 2018 P.C. :

Heard. Mr. Maonhar, submits that he received instructions to appear on behalf of the Respondent. He undertakes to file Vakalatnama within a week. Statement is accepted. By this Civil Application the Applicant wife seeks to condone delay of 90 days in filing the Family Court Appeal challenging the judgment and decree dated 18.05.2017 passed by the Family Court at Bandra, Mumbai in Petition No.A-1214/2015 allowing the Respondent husband's petition for divorce u/s.13(1)(ia) of the Hindu Marriage Act, 1955.

Considering the submissions made by the learned counsel for the Basavraj G. Patil 1/2

2.9.18-cam.doc Applicant and the averments made in the Civil Application we are of the opinion that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed.

a.

Civil Application is allowed in terms of prayer clause (a), which reads thus:

"(a) This Hon'ble Court be pleased to condone the delay of 90 days caused in preferring the present Family Court Appeal and allow the Applicant to prosecute the Family Court Appeal." b Civil Application stands disposed of accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2