The High Court of Bombay held that sufficient cause exists to condone an eleven-day delay in filing an appeal against a divorce decree. The appeal was placed for admission and an ad-interim stay on the decree was granted pending admission.
Delay condoned; appeal placed for admission; divorce decree stayed ad-interim.
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.
CAM.5.2016
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.5 OF 2016
IN
FAMILY COURT APPEAL (ST) NO.34495 OF 2015
| Sau.Ashiwini Rajkumar Borad versus |
e Applicant |
|---|---|
| Rajkumar Dnyadeo Borade | Respondent |
| Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders |
Court’s or Judge’s orders |
| Mr.Arjun S. Pawar i/by Mr.Shailesh D. Chavan for Applicant/Appellant. Mr.Vinod Hiranwala for Respondent. CORAM : A.S.OKA AND P.D.NAIK, JJ. DATE : 21stMarch 2016 |
|
| PC :- | |
| 1. Heard learned counsel for the Applicant and learned counsel for the Respondent. The application is opposed by learned counsel for the Respondent. The Applicant-Wife has preferred an appeal for challenging the decree of divorce. The delay in filing the appeal is only of eleven days. Learned counsel for the Respondent states that the Respondent has not re-married. 2. Sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (A). (P.D.NAIK, J.) (A.S.OKA, J.) |
MST
CAM.5.2016
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL (ST) NO.34495 OF 2015
Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Mr.Vinod Hiranwala for Appellant. Mr.Arjun S. Pawar i/by Mr.Shailesh d. Chavan for Respondent. CORAM : A.S.OKA AND P.D.NAIK, JJ. DATE : 21st March 2016 PC :- Place the appeal for admission on 4th May 2016 in the category of "fresh matters". Civil Application No.6 of 2016 shall also be placed on the same day. By way of ad-interim relief, the decree of divorce shall remain stayed till then. (P.D.NAIK, J.) (A.S.OKA, J.)
MST
2 issues framed by the court
Whether to condone the delay of eleven days in filing the appeal challenging the divorce decree.
Whether the decree of divorce should be stayed pending the admission of the appeal.
Sau. Ashiwini Rajkumar Borad
Rajkumar Dnyadeo Borade
A.S. Oka
P.D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
