Dipika W/O Sachin Ajmire v. Sachin S/O Shamraoji Ajmire

2025:BHC-NAG:11641-DB 1 901-CAO No.705.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 705 OF 2025 IN FAMILY COURT APPEAL (ST.) NO. 14825 OF 2025 Dipika W/o Sachin Ajmire ..VS..

Sachin S/o Shamraoji Ajmire -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. A. R. Sharma, Advocate for the applicant/appellant. Mr. D. S. Joshi, Advocate for the respondent through V.C. CORAM : SMT. M.S. JAWALKAR, AND SHRI M.W. CHANDWANI, JJ.

DATED : 07 th NOVEMBER, 1.

Present application is filed for condonation of delay in filing family court appeal. There is a delay of 515 days. As per advice received by the appellant, she was not willing to file any appeal however as custody is not handed over as per order and some of the conditions in the order are not in favour of the appellant, her counsel advised her to file appeal. Accordingly she has filed appeal wherein there is delay of 515 days is caused.

2.

The learned Counsel for the respondent submitted that she has already filed execution and therefore, there cannot be any proceedings challenging the said judgment and order.

2 901-CAO No.705.2025 3.

In our considered opinion, even though she has filed execution proceedings, however some part of the order she wants to challenge by this appeal. As such, there is no impediment in allowing the application.

4.

Considering the reasons given in para Nos.3 and 4, the application is allowed. The delay of 515 days caused in filing family court appeal is condoned.

5.

The Registry is directed to register the Family Court Appeal.

6.

After registration of appeal, list the matter on 21.11.2025. Parties to remain present along with their counsels as we are proposing to refer the matter before the mediator.

(M.W. CHANDWANI, J.) (M.S. JAWALKAR, J.) Kirtak