Bhagwan Bhoniba Damale vs Sunita Bhagwan Damale
2022 Latest Caselaw 1334 Bom

                                    .. 1 ..

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                11   CIVIL APPLICATION NO.1976 OF 2019
                                    IN
                   SECOND APPEAL (ST.) NO.39389 OF 2018

                       BHAGWAN BHONIBA DAMALE
                                      VS
                         SUNITA BHAGWAN DAMALE
                                       ...
               Mr. Abhijeet P. Avhad, Advocate for the applicant
                Mr. S.M. Gunjal, Advocate for the respondent
                                       ...
                                     WITH

                   SECOND APPEAL (ST.) NO.39389 OF 2018
                                   ...

                                   CORAM :     MANGESH S. PATIL, J.

                                   DATE :     08-02-2022

PER COURT :

.        Heard both the sides.

2. This is an application purportedly under Section 5 of the

Limitation Act, 1963 seeking condonation of delay of 82 days in filing

the Second Appeal challenging the judgment and order passed by the

first appellate court whereby the appellate court dismissed applicant's

/ appellant's appeal conforming the judgment and decree passed by

the trial court refusing him a decree for dissolution of marriage.

.. 2 ..

3. After hearing both the sides, apart from the fact that there are

concurrent findings of the courts below, admittedly, there seems to be

an order directing him to pay maintenance to the respondent - wife

which according to her are of more than Rs.1,60,000/-. The

learned advocate for the applicant informs that he has already

deposited an amount of Rs.45,000/- towards the arrears, which fact

learned advocate for the respondent disputes.

4. Considering the nature of the dispute and all the

aforementioned facts and circumstances coupled with the grounds

mentioned in the application, the application is allowed and the delay

is condoned subject to applicant's depositing an amount of

Rs.1,25,000/- in the court where the proceeding under the domestic

violence act is going on within four weeks from today. The concerned

court shall be at liberty to pass appropriate order regarding payment

to the respondent - wife on her furnishing security to its satisfaction

and in addition, the applicant paying a cost of Rs.5,000/- in this court

within the period of four weeks which the respondent - wife shall be

entitled to claim.

( MANGESH S. PATIL ) JUDGE Gajanan