Applicant sought condonation of delay of 4 years 287 days in filing an appeal against a matrimonial order, citing his father's illness, his own unemployment and the covid-19 lockdown. The court found no sufficient cause shown and dismissed both the application and the appeal.
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.
11-ASIA-1605-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1605 OF 2021
IN
FAMILY COURT APPEAL (ST) NO. 12398 OF 2021
Arun Prabhakar Gaonkar …Applicant/ Appellant
Versus
Aarati Arun Gaonkar …Respondent
Mr. Nitin Vhatkar, i/b Gautam Hiranandani, Advocates for the Applicant/Appellant.
CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : JANUARY 12, 2024
PC :
of delay of 4 years 287 days in filing the above Family Court Appeal. The only explanation for the delay is set out in paragraphs 6 to 10 and which are reproduced hereunder:
Digitally
signed by
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:2024.01.1517:06:43Digitallysigned byASHWINI
ASHWINIJANARDANVALLAKATI+0530JANARDANVALLAKATIDate:
2024.01.15
17:06:10
+0530
“6. The Applicant states that, due to his matrimonial problem his father suffered heart ailment and had to under go by pass surgery in the month of July, 2015. The Appellants father
Page 1 of 3 JANUARY 12, 2024
Ashwini Vallakati
11-ASIA-1605-2021.doc
was Father was required to be hospitalised for a month or two. Hereto annexed and marked Exhibit 1 collectively are copies of discharge papers of the year 2015 from the Jaslok Hospital together with papers of diagnostic test undergone by the Applicants Father evidencing the fact that the Applicants Father was hospitalised and had to undergo various medical tests. The aforesaid circumstances required the Applicant to give his Father his full attention. Further even after the conclusion of the said Matrimonial Petition the Applicants Father required constant medical attention which occupied him fully.
Page 2 of 3 JANUARY 12, 2024
Ashwini Vallakati
11-ASIA-1605-2021.doc
refer to and rely upon the documents, when produced.
[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
Page 3 of 3 JANUARY 12, 2024
Ashwini Vallakati
1 issue framed by the court
Whether a delay of 4 years 287 days in filing the Family Court Appeal should be condoned on grounds of father's illness, unemployment and covid-19 lockdown.
Arun Prabhakar Gaonkar
Aarati Arun Gaonkar
B. P. Colabawalla
Somasekhar Sundaresan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
