Gujarat High Court
Amitbhai Damjibhai Vasava vs Hetalben Bansilal Vasava on 19 June, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/3248/2024 ORDER DATED: 19/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3248 of
2024
In F/FIRST APPEAL NO. 16075 of 2024
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AMITBHAI DAMJIBHAI VASAVA
Versus
HETALBEN BANSILAL VASAVA
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Appearance:
MR G RAMAKRISHNAN(1390) for the Applicant(s) No. 1
MS SHALINI S MAIR(2681) 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 : 19/06/2025
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 228 days in preferring the appeal against the judgment and order dated 26.06.2023 passed by the Court of Principal Judge, Family Court at Bharuch in Family Suit No.53 of 2021.
2. It is stated in the Affidavit that husband was fastened with the liability of paying maintenance and he was finding it difficult to clear the arrears and as a result of his financial constraints, he could not prefer the Appeal within time.
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3. Having regard to totality of the circumstances of the case, it will be appropriate to condone the delay, subject to applicant- husband will deposit Rs.10,000/- as cost before the Family Court within period of two weeks from today. On such deposit, wife shall be entitled to withdraw the same.
4. In view of the aforesaid, the application is allowed. Rule is made absolute to the aforesaid extent. The delay of 228 days caused in preferring the appeal against the judgment and order dated 26.06.2023 passed by the Court of Principal Judge, Family Court at Bharuch in Family Suit No.53 of 2021 is hereby condoned.
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