Sangita W/O Vijay Meshram v. Vijay Deorao Meshram

915cas697-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil application (CAS) No.697 of 2021 In Second Appeal st No.13000 of 2021 SANGITA W/O VIJAY MESHRAM VS VIJAY DEORAO MESHRAM Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Kirti Kapse, Advocate for the Applicant/Appellant Shri V.N. Morande, Advocate for the respondent-sole. CORAM : ANIL S. KILOR, J.

DATED : 13.01.2023 1.

This is an application for condonation of delay of three years and two months in filing second appeal, challenging the order passed by the learned Principal District Judge, Gondia in Misc. Judicial Case (MJC) No.27 of 2017, refusing to condone the delay in challenging the judgment and decree dated 29.01.2016, passed by the learned Civil Judge Senior Division, Gondia in Hindu Marriage Petition (HMP) No.69 of 2015, whereby dissolving the marriage between the applicant and the non-applicant.

2.

After going through the application, it is evident that no sufficient cause has been shown by the applicant nd.thawre

915cas697-21.odt and the record shows that even in filing the appeal before the learned Principal District Judge, Gondia, for challenging the judgment and decree of dissolution of marriage between the applicant and the non-applicant, delay of one year was caused. Moreover, after dismissing the said MJC and denying to condone the delay, there is further delay of three years and two months in filing the second appeal.

3.

It is informed by the learned counsel for the nonapplicant that in the meantime, the non-applicant has got married and he is living his married life happily. 4.

The decree of dissolution of marriage was passed on 29.01.2016, in the circumstances, I do not find any reasons to entertain the present application after seven years of dissolution of marriage. Accordingly, the application is rejected.

[ANIL S. KILOR, J.] DOMAJI THAWRE 11:53 nd.thawre