The High Court condensed a 60-day delay in filing a First Appeal under the Family Courts Act due to lack of malafides and initial deposit of 50% arrears. The First Appeal was admitted, and parties were directed to mediation.
Condonation of delay; First Appeal admitted; matter placed before Mediator.
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127caf2416.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CAF NO. 2416/2012 IN FIRST APPEAL ST. NO. 12014 OF 2012
(Kishor Raghunath Ambade vs. Smt. Darshana w/o Kishor Ambade & Anr.)
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
CORAM : B.P. DHARMADHIKARI &
A.S. CHANDURKAR, JJ. JULY 12, 2013.
Heard Shri Jachak, learned counsel for the applicant – appellant and Shri Bansod, learned counsel for the respondents.
The prayer is to condone delay of 60 days in filing Appeal under Section 19 of the Family Courts Act, 1984. The learned counsel points out that on 14.02.2013, 50% of the amount of arrears was directed to be deposited and the same has accordingly been deposited.
Shri Bansod, learned is strongly opposing the prayer for condonation of delay.
We have perused the application as also reply affidavit. The applicant has pointed out that he was acting under legal advise and in the process has suffered a set back. We do not find any malafides on the part of the applicant and hence, delay is condoned. The office to register First Appeal.
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127caf2416.12
CAF NO. 1312 OF 2013
Heard the respective parties.
The respondents - applicants seek withdrawal of the amount deposited by the appellant. The learned counsel for the appellant – husband fairly gives no objection. Hence, amount is allowed to be withdrawn. Application is accordingly allowed and disposed of.
FIRST APPEAL ST. NO. 12014 OF 2012
Heard Shri Jachak, learned counsel for the appellant.
By separate order passed today, by condoning delay, appeal is directed to be registered. Hence, Admit .
Shri Bansod, learned counsel waives notice for the respondents.
Both parties state that the matter should be placed before the Mediator.
The Coordinator to appoint Mediator.
JUDGE
JUDGE
*GS.
3 issues framed by the court
Whether the delay of 60 days in filing the appeal under Section 19 of the Family Courts Act, 1984 should be condoned.
Whether the appeal under Section 19 should be admitted.
Whether a mediator should be appointed for the matter.
1 provisions across 1 enactments
Kishor Raghunath Ambade
Smt. Darshana w/o Kishor Ambade & Anr.
B.P. DHARMADHIKARI
A.S. CHANDURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
