Mr. Nilesh Vamanrao Deogirkar v. Mrs. Priya Pankaj Sampale (Divorcee) Ku. Priya Narendra Partakke)

2025:BHC-NAG:1844

(1) 42.cac.74.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAC) NO.74 OF 2024 IN CIVIL REVISION APPLICATION STAMP NO.1207 OF 2024 Nilesh Vamanrao Deogirkar Vs.

Priya Pankaj Sampale (Divorcee) Ku. Priya Narendra Partakke -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. V. Lokhande, Counsel for the applicant. Mr. Suraj Kapse, Counsel h/f Mr. Amardip J. Dhoble, Counsel for the non-applicant/respondent.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/02/2025 1.

By this application, the applicant is seeking condonation of delay which is caused in preferring the revision application against the order passed by the District Judge - 2, Hinganghat, District Wardha dated 11.04.2023.

2.

As per the contention of the applicant that the application was filed by the applicant under Sections 6 and 7 under the Hindu Adoption and Maintenance Act, 1956, to seek permission to adopt the daughter of the non-applicant/respondent, Vasudha which is rejected. Therefore, the Civil Revision Application is preferred.

(2) 42.cac.74.2024 3.

The facts are that the non-applicant is the mother of the child to whom the applicant is indenting to adopt. The non-applicant - wife has given birth to the said daughter from her first husband. There was a rift between her husband and her, and thereafter, the marriage was dissolved. Subsequently, the present non-applicant married with the present applicant. There was some dispute between them also. In between, they again came together and now started residing together. The applicant is intending to adopt the daughter of the non-applicant which is begotten from her initial marriage, but the said application was rejected. However, the delay is caused in preferring the revision application of 176 days.

4.

Notice of the said application is received by the non-applicant, she has no objection for condonation of delay. Considering the reason and considering the peculiar facts of the present case, the delay deserves to be condoned. Accordingly, the delay is condoned.

5.

Civil Revision Application be registered.

6.

The application is disposed of.

CIVIL REVISION APPLICATION STAMP NO.1207 OF 2024 1.

Mr. Kapse, learned Counsel waives notice for the non-applicant/respondent - wife.

(3) 42.cac.74.2024 2.

Matter be listed for final disposal on 19.03.2025.

(URMILA JOSHI-PHALKE, J.) Sarkate