High Court condoated delay in filing a Family Court Appeal. The Court found the matter fit for hearing on merits, noting the respondent claimed the applicant suffered mental illness. West Delhi? No, Bombay High Court.
Delay for filing the Family Court Appeal is condoned; the appeal is registered and listed for admission; request for stay rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION No. 166 OF 2007 IN FAMILY COURT APPEAL (St.) No. 14475 OF 2007 --------------------------------------------Office notes, : office memoranda : of coram, : appearances, : Court’s orders : Court’s or Judge’s directions & : order Registrar’s : orders : ---------------------------------------------Mrs. Jyoti Pawar with Mrs. S. Halwasia, Advocates for applicant. Mr. Santosh Adukia, Advocate (the respondent in person).
CORAM: J. N. PATEL, AND A. A. SAYED, JJ.
DATE : AUGUST 2, 2007.
P.C.:
. Heard. Application for condonation of delay is hotly contested by the respondent husband, on the ground that the applicant has taken contrary pleas for seeking condonation of delay, based on false documents and that she has committed parjury, and does not deserve any consideration or sympathy from this Court, and has cited following
authorities, in support of his
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contentions-
| 2. | In our view, it is a fit case | ||
|---|---|---|---|
| where | the applicant |
des | erves an |
| opportunity, | to be h |
eard | on merits. |
| May be |
that the reasons |
given | by her |
| may | not be justified |
for | the delay. |
| Rather | it is the |
case | of the |
| respondent/h | usband that |
the | |
| applicant | suffers | from | mental |
| illness, | in respect of |
which | he has |
| led | evidence | by | tendering |
| certificate | issued by |
the | doctor, |
| dated | 26th May 1998. |
The | matter in |
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our opinion requires to be examined
on merits, and therefore, we are
inclined to condone the delay. The
application is therefore, allowed.
The delay preferred in filing the
Family Court Appeal is condoned.
The appeal be registered & listed
for admission in the next week.
to stay the order for 16 weeks
is rejected.
2 issues framed by the court
Whether delay in filing Family Court Appeal can be condoned considering the applicant's mental illness.
Whether the respondent's request for staying the order should be accepted.
Colour shows how this judgement treated each authority
(1984)3 SCC 107Referred¶9
AIR 1987 Bombay 231Referred¶9
AIR 1996 Punjab & Haryana 263Referred¶9
AIR 1997 Rajasthan 63Referred¶9
2000 All. H.C. 126Referred¶9
2001 All. H.C. 4361Referred¶9
AIR 1993 Bombay 76Referred¶9
1998(2) Mh.L.J. 437Referred¶9
AIR 2005 Bombay 62Referred¶9
AIR 1995 Supreme Court 1795Referred¶9
AIR 1995 P & H 216Referred¶9
AIR 1959 S.C. 843Referred¶9
Mrs. Jyoti Pawar
Mr. Santosh Adukia
J. N. Patel
A. A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
