Allowed

Mehajabeen Shakir Khan v. Shakir Matiulla Khan

Bombay HC18 Jan 2024IA/12731/2023

Case brief

AI extract

What is this about?

The Appellant sought condonation of a 398-day delay in filing a Family Court Appeal, citing lack of adequate legal advice. The Court allowed the application, condoned the delay, and directed the Registry to number the appeal subject to removing office objections within four weeks.

What did the court decide?

Delay of 398 days in filing the appeal is condoned; appeal to be numbered subject to removal of office objections within four weeks.

Mehajabeen Shakir Khan Vs Shakir Matiulla Khan — Matrimonial and Divorce | Bombay HC (2024)

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15-IA--12731-2023-FCAL-13371-2023..doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 12731 OF 2023 IN

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FAMILY COURT APPEAL (LODGING) NO. 13371 OF 2023

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Digitally FAMILY COURT APPEAL (LODGING) NO. 13371 OF 2023 signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2024.01.19 Mrs.Mehajabeen Shakir Khan .. Applicant/ 18:39:39 +0530 Orig. Appellant In the matter between: Mrs.Mehajabeen Shakir Khan .. Appellant Versus Mr.Shakir Matiulla Khan …Respondent

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Mr.Kevin Gala, Advocate for Applicant/Appellant-wife.

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Ms.Rui Danawala i/b Ashraf Ali Shaikh, Advocate for Respondenthusband.

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CORAM : B.P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

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DATE : JANUARY 18, 2024.

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P C :

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The above Interim Application is filed seeking a condonation of

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delay of 398 days in filing the above Family Court Appeal.

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Shraddha Talekar, PS

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Page 1 of 3 January 18, 2024

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15-IA--12731-2023-FCAL-13371-2023..doc

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The reason for the delay is that the Advocate for the Applicant/Appellant never attended the matter before the Family Court, though engaged and in fact on the date on which the impugned order was passed, the Appellant-wife was present before the Family Court and asked for an adjournment to engage a new Advocate which was refused. It is the case of the Applicant that she being a pardanasheen, she was not well advised by her Advocates or any other person regarding the outcome of the order passed by the Family Court, Pune. This is basically the reason for the delay.

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Having heard the learned Advocate appearing on behalf of the Applicant and considering that the impugned order was passed on 17^th September 2021, we are of the view that the delay in filing the above Appeal deserves to be condoned. In these circumstances, the delay is condoned and the Registry is directed to number to above Appeal subject to the Applicant/Appellant removing all other office objections within a period of four weeks from today, failing which, the above Appeal shall stand dismissed without further reference to the Court.

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Page 2 of 3 January 18, 2024

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Shraddha Talekar, PS

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15-IA--12731-2023-FCAL-13371-2023..doc

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The above Interim Application is accordingly disposed of. No order as to costs.

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This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[ SOMASEKHAR SUNDARESAN, J. ]

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[ B.P. COLABAWALLA, J. ]

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Page 3 of 3 January 18, 2024

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Shraddha Talekar, PS

Mehajabeen Shakir Khan v. Shakir Matiulla Khan

Case brief

What is this about?

What did the court decide?

Mehajabeen Shakir Khan v. Shakir Matiulla Khan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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