Mr. Sunil Shivram Wadkar vs Mrs. Aarti Sunil Wadkar
2021 Latest Caselaw 451 Bom

                                                                          14-cafstg-24699-2019 in fast-24698-2019




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                               CIVIL APPLICATION (ST) NO.24699 OF 2019
                                                                  IN
                                                  FIRST APPEAL (ST) NO.24698 OF 2019

                            Mr.Sunil S. Wadkar                                            ..Applicant
                                 V/s.
                            Mrs.Aarti Sunil Wadkar (Aarti G. More)                        ..Respondent
Nilam    Digitally signed
         by Nilam Kamble                                    ----
Kamble   Date: 2021.01.08
         16:14:21 +0530
                            Ms.Jonita R. D'Abreo for the Applicant.
                                                            ----
                                                                  CORAM : C.V. BHADANG, J.

                                                                  DATE     : 08th JANUARY 2021


                            P.C.

1. This is an application for condonation of delay of 120

days in filing appeal.

2. I have heard the learned counsel for the applicant. None

appears for the respondent.

3. The parties are husband and wife. The parties had filed

a petition under Section 28 of the Special Marriage Act for

dissolution of marriage. According to the learned counsel for the

applicant, although the applicant has acted on the consent terms,

the respondent has not complied with her part of the Consent

Terms.

N.S. Kamble page 1 of 2 14-cafstg-24699-2019 in fast-24698-2019

4. The learned District Judge at Thane, by the judgment

and order dated 23rd January 2019 has dismissed the Marriage

Petition No.21 of 2018, in view of the withdrawal of the consent by

the respondent-Petitioner No.2 before the learned District Judge. It

is this judgment which the applicant seeks to challenge.

5. The learned counsel for the applicant submitted that in

the meantime the respondent had again assured to abide by the

consent terms and therefore parties were exploring the possibility of

the settlement which ultimately did not materialize which is one of

the reasons which has caused the delay.

6. On hearing the learned counsel for the applicant and

for the reasons mentioned in the application, I find that the

applicant has made out sufficient cause, for not filing the appeal

within time. The delay deserves to be condoned.

7. In the result, the Civil Application is allowed. The delay

is condoned. Let the First Appeal be registered.

C.V. BHADANG, J.

     N.S. Kamble                                                            page 2 of 2