Mr. Sachin S/O Ravi Meshram v. Sau. Neeta W/O Sachin Meshram

1 cao 96.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (O) No.96/2024 in FCA St. No.19142/2023 (Sachin V sou. Neeta) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Syed Sufian, Adv. for applicant.

CORAM : Smt. Vibha Kankanwadi & Mrs. Vrushali V. Joshi, JJ DATE : 23-07-2024.

The present application has been filed for condonation of delay of 63 days in filing the Family Court Appeal. The present appellant is the original petitioner before the Family Court, Nagpur, who had filed the petition for divorce under section 13(1)(1-A) (1B) of the Hindu Marriage Act. The said petition has been dismissed. ii.

Learned Advocate for the applicant relies on the decision of the Division Bench at the Principal Seat in Sonia Kunwar Singh Bedi V Kunwar Singh Bedi, reported in 2015(1) Mh.L.J. 954, wherein it has been held that the period of limitation for an order/ decree appealable under section 28 of the Hindu Marriage Act is 90 days as stipulated under the amended section 28(4) of the Act and not 30 days as under Section 19(3) of the Act of 1984 and therefore according to the applicant, it is only three days delay that has occurred.

iii.

We need not go into those details for the simple reason that whether it is 03 days or 63 days there is a delay and for which

2 cao 96.24.odt there has to be an application under Section 5 of the Limitation Act. However, taking into consideration the facts stated, we condone the delay even without issuing notice to the respondents. Hence, the delay stands condoned. Application stands allowed and disposed of. iv.

The registry is directed to verify and register the appeal. v.

The appellant is then allowed to file copies of deposition and take the circulation of the appeal after its registration. (Mrs. Vrushali V. Joshi, J.) (Smt. Vibha Kankanwadi , J. ) Deshmukh