Single judge order allowing an application for condonation of 62-day delay in filing a family appeal by the wife to challenge a divorce decree. The court held the husband's right would not be indirectly taken away.
Condonation of delay of 62 days in filing FCA; notice in appeal waived.
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CA No. 11719/17
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
902 CIVIL APPLICATION NO. 11719 OF 2017 IN FCAST/3836/2017 WITH FCA/6/2017
RENUKA VIJAY MAHAGAVALI VERSUS VIJAY KISAN MAHAGAVALI
Advocate for Applicant : Mr. M.G. Kochar Advocate for Respondent : Mr. Hemant Surve
CORAM : T.V. NALAWADE AND S.M. GAVHANE, JJ. DATED : September 13, 2017.
ORDER :
. The application is filed for condonation of delay of 62
days caused in filing appeal against judgment and decree of proceeding No. A-171/2015 which was pending before Family Court, Aurangabad. Trial Court has granted the decree of dissolution of marriage in favour of husband and the maintenance is granted in favour of wife. Present proceeding is filed by wife as she wants to challenge the decision of dissolution of marriage. There is one Family Court Appeal No. 6/2017 filed by the husband to challenge the decree of maintenance.
CA No. 11719/17
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submitted that the right vested in the husband will be indirectly taken away due to condonation of delay.
[S.M. GAVHANE, J.] [T.V. NALAWADE, J.]
ssc/
2 issues framed by the court
Whether sufficient cause was shown to condone a delay of 62 days in filing an appeal against the judgment and decree of the Family Court.
Whether the delay in filing the appeal by the wife, over the husband's objection, can be condoned.
Renuka Vijay Mahagaivali
Vijay Kisan Mahagaivali
T.V. NALAWADE
S.M. GAVHANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
