Satyajeet Arvind Kamble v. Gautami Satyajeet Kamble

2024:BHC-AUG:13327-DB 906-ca-12826-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 12826 OF 2023 IN FCAST/4303/2022 SATYAJEET ARVIND KAMBLE

VERSUS

GAUTAMI SATYAJEET KAMBLE ...

Mr. T. M. Venjane, Advocate for Applicant.

Mr. M. S. Shaikh h/f Mr. S. S. Deshmukh, Advocate for the respondent. ...

CORAM : MANGESH S. PATIL AND SHAILESH P BRAHME, JJ.

DATE : 05 JULY 2024 ORDER :- This is an application seeking restoration of the Family Court Appeal with the prayer for condonation of delay of 539 days in seeking restoration. 2.

We have heard both the sides.

3.

The applicant is the husband of the respondent and has preferred appeal against the judgment and order of the Family Court, Latur refusing to pass the divorce decree on a petition filed on the ground of cruelty and desertion.

4.

The appeal was dismissed for default of the appellant/applicant in removing the office objections and there is a delay of 539 days. [1]

906-ca-12826-2023.odt 4.

For the reasons mentioned in the application and considering the nature of the litigation, the application is allowed. The delay is condoned and the appeal is restored, subject to the applicant/appellant paying cost of Rs.10,000/- to the respondent and with a further condition to remove the office objection within two weeks. The respondent shall be paid over the cost deposited by the applicant/appellant.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE scm [2]