Gujarat High Court
Krupaben Bhargavpuri Gosai vs Bhargavpuri Hempuri Gosai on 4 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2335/2024 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2335 of
2024
In F/FIRST APPEAL NO. 13857 of 2024
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KRUPABEN BHARGAVPURI GOSAI
Versus
BHARGAVPURI HEMPURI GOSAI
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Appearance:
MR ANKIT SHAH(6371) for the Applicant(s) No. 1
MR LAKSHIT V PATEL(10734) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 04/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed for condonation of delay of 990 days cause in preferring the appeal against the judgment and order dated 28.05.2019 by the Family Court, Bhavnagar in HMP No.26 of 2018.
2. Learned advocate for the applicant has submitted by drawing attention of the Court to the averments made in the application that the delay has occurred on account of the covid period during which the applicant was left with no source of income and also she has not been receiving maintenance regularly and she had responsibility of maintaining two Page 1 of 3 Uploaded by SIDDHARTH(HC01065) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:55:45 IST 2025 NEUTRAL CITATION C/CA/2335/2024 ORDER DATED: 04/08/2025 undefined children.
3. Learned advocate for the respondent has objected to the grant of application on the ground that the application and appeal have been filed much beyond the period after the lockdown was opened and therefore, the applicant cannot get the benefit of the period which was declared as lockdown period. Learned advocate has also drawn attention of this Court to the order passed in detailed in CAV order dated 27.09.2024 in this very application and other cognate application with regard to the period covered under the covid period.
4. The Court has taken into consideration the overall fact situation, wherein the Court has also taken into consideration the nature of litigation which was initially ordered for mediation and there was a round of mediation which ultimately did not succeed and thereafter, this Court has also offered mediation so as to bring an end to the litigation once and for all, where the husband and wife can amicably resolve the issue, to which also, on account of the liability of maintenance which the respondent-husband had to honour, it appears that attempt to settlement is also not fructified. Page 2 of 3 Uploaded by SIDDHARTH(HC01065) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:55:45 IST 2025
NEUTRAL CITATION C/CA/2335/2024 ORDER DATED: 04/08/2025 undefined
5. In view of the aforesaid, particularly, considering the fact that the applicant was left without regular maintenance though ordered by the Court and had two children to maintain, the Court considers the delay of 990 days having been explained properly and not being inordinate in the facts and circumstances of the case, the application is allowed. The delay of 990 days cause in preferring the appeal against the judgment and order dated 28.05.2019 by the Family Court, Bhavnagar in HMP No.26 of 2018 is hereby condoned. Registry to list the First Appeal immediately.
(A.Y. KOGJE, J) (NSSG,J) SIDDHARTH Page 3 of 3 Uploaded by SIDDHARTH(HC01065) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 22:55:45 IST 2025