Allowed condonation of 267-day delay in filing appeal against ex-parte divorce decree, considering pending application to set aside decree as sufficient cause.
Application to condone delay allowed; appeal registered and numbered accordingly.
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.
1 921.cao.466.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C IVIL APPLICATION NO. 466 OF 2023 IN FAMILY COURT APPEAL NO. 21815 OF 2022
Sau. Bharati Ashwinkumar Sanap
..vs..
Ashwinkumar Pandhari Sanap
Mrs. Meera Kshirsagar, Advocate for the applicant. Shri P.B. Patil, for the respondent/sole.
CORAM : VINAY JOSHI AND M.W.CHANDWANI, J J. DATED : 05/12/2023.
Heard.
2 921.cao.466.2023
contending that the applicant was duly served with the summon by the Family Court, however she has deliberately remained absent. While rejecting the application for setting aside the ex-parte decree, the Family Court has dealt the issue and held that there was no sufficient cause for non-appearance, which resulted into rejection.
3 921.cao.466.2023
FAMILY COURT APPEAL ST. NO. 21815 OF 2022
Heard.
(M.W.CHANDWANI, J.) (VINAY JOSHI, J.)
Trupti
2 issues framed by the court
Whether delay in filing civil appeal challenging ex-parte divorce decree can be condoned under Order XIV Rule 1 of the Maharashtra Limitation Act, 1963.
Whether pending application for setting aside ex-parte decree counts as sufficient cause for delay.
Sau. Bharati Ashwinkumar Sanap
Ashwinkumar Pandhari Sanap
Vinay Joshi
M.W. Chandwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
