Trupti W/O Dhiraj Koche v. Dhiraj S/O Madhukar Koche

2023:BHC-NAG:15769-DB Order 2710cao850.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [CAO] NO. 850/2023 IN FAMILY COURT APPEAL ST.NO.7011/2023 .

Trupti Dhiraj Koche.

-VERSUSDhiraj Madhukar Koche Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri R. Bhandakkar, Advocate for the Applicant. None for the Non-applicant.

CORAM : VINAY JOSHI AND M.W. CHANDWANI , J J.

DATE : OCTOBER 27 , 2023 .

Heard.

2.

This is an application seeking condonation of delay of 38 days in filing appeal challenging the order dated 16.01.2023, by which the application for condonation of delay in filing an application for setting ex-parte decree is rejected.

3.

Initially the non-applicant/husband has filed a divorce petition which is stated to be decided ex-parte. It this application it has been Rgd.

Order 2710cao850.23 stated that in the meantime there was stay order in transfer petition. Moreover, it is submitted that the applicant could not get necessary information within the stipulated period.

4.

The contentions raised by the applicant remained un-resisted. Besides that, having regard to the cause and quantum of delay, we deem it appropriate to condone the delay.

Civil Application is accordingly allowed. Delay caused in filing the appeal is hereby condoned. Office to register the Appeal.

.........

Family Court Appeal No. /2023.

Heard.

2.

Issue notice to the respondent, returnable on 04.12.2023.

JUDGE JUDGE Rgd.