Dismissed

Sudhir Yeshwant Surve v. Janhavi Sudhir Surve

Bombay HC16 Sept 2009CAL/240/2009

Case brief

AI extract

What is this about?

This court dismissed the applicant's civil appeal and writ application. It held the appeal was time-barred, the impugned order under Article 226 was not a judgment appealable under Letters Patent, and criticized the conversion of a divorce petition to one for dissolution on nullity without prejudice.

What did the court decide?

Appeal and application for condonation of delay were dismissed; the underlying order was allowed to stand.

Sudhir Yeshwant Surve Vs Janhavi Sudhir Surve — Service and Employment | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.240 OF 2009 IN LETTERS PATENT APPEAL ST. NO.20860 OF 2009 IN

¶3

WRIT PETITION NO. 2748 OF 2009 ALONGWITH LETTERS PATENT APPEAL ST.NO.20860 OF 2009

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Sudhir Yeshwant Surve ... Applicant Versus Janhavi Sudhir Surve ... Respondent

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Mr. R.N. Kachave for the applicant.

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CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 16TH SEPTEMBER, 2009

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P.C.

¶8

The appeal is directed against the order passed by the learned Single Judge dated 9th July, 2009 in Writ Petition No.2748 of 2009 which reads as under:

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"The petitioner has approached this Court contending that the amendment granted on 24.11.2008 by which the respondent has mentioned the word "divorce" instead of stating that it was petition u/s.11 r/w. section 55 of the Hindu Marriage Act. The Court has converted the petition for divorce to one for dissolution of marriage on ground of nullity. The amendment has already been carried out. An affidavit of evidence has already been filed by the respondent. In these circumstances, I do not see any reason to interfere in the matter.

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Petition rejected."

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The present appeal is barred by time as there is delay of 20 days in filing the present appeal, resulting in filing of application for con donation of delay. Even if we were to condone the delay, the order passed by the learned Single Judge could hardly be termed as judgment within the meaning of clause 15 of the Letters Patent. This was primarily an order under Article 227 of the Constitution of India.

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Viewing the order from another angle, the petition filed by the petitioner has been converted by way of amendment to petition for dissolution of marriage on the ground of nullity. No prejudice, in any case is caused by converting the petition for dissolution of marriage on the ground of nullity as parties have opportunity to contest respective issues before the trial court in accordance with law. Appeal and the Application stand dismissed.

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CHIEF JUSTICE

¶14

A.M. KHANWILKAR, J.

Sudhir Yeshwant Surve v. Janhavi Sudhir Surve

Case brief

What is this about?

What did the court decide?

Sudhir Yeshwant Surve v. Janhavi Sudhir Surve

Case brief

What is this about?

What did the court decide?

What the court decided

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