Bombay High Court
Nitu Niraj Singh vs Niraj Gopal Singh on 14 December, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2023:BHC-AS:37715-DB
8.ia(st).17830.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO.17830 OF 2023
IN
FAMILY COURT APPEAL (ST) NO.17829 OF 2023
Nitu Niraj Singh .. Applicant
Versus
Niraj Gopal Singh .. Respondent
Mr.Prashant Pandey a/w Dinesh Wadhwani,
Digitally
signed by
UTKARSH
Prathamesh Hiwalkar i/b Akshay Shetty, Advocates for the
UTKARSH KAKASAHEB
KAKASAHEB BHALERAO
BHALERAO Date:
Applicant-Wife.
2023.12.15
11:02:33
+0530
Mr.Shashank Borade, Advocate for the Respondent-Husband.
CORAM: B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : DECEMBER 14, 2023
P. C.
1. The above Interim Application is filed seeking a
condonation of delay of 2 years 128 days in filing the present Appeal.
2. Mr.Pandey the learned counsel appearing on behalf of the
Applicant-Wife submitted that though this is the period mentioned in
the prayer, really speaking, there is a delay of approximately 1 year 3
DECEMBER 14, 2023
Utkarsh
8.ia(st).17830.2023.doc
months. He submitted that he has calculated this period taking into
consideration that the Hon'ble Supreme Court had directed that the
Covid-19 pandemic period be excluded for the purposes of limitation.
3. The learned advocate appearing on behalf of the
Respondent-Husband submitted that there is no sufficient cause made
out in the Interim Application for condoning the delay. He therefore
submitted that the same ought to be dismissed.
4. We have perused the above Interim Application seeking
condonation of delay. It appears that the Family Court has decided the
Petition for divorce filed by the Respondent-Husband during the period
when the High Court had adopted a Standard Operating Procedure
which inter alia stated that Judicial Officers may not pass any adverse
order owing to the absence of the advocates, parties, witnesses or
accused persons. In other words it was the submission of Mr.Pandey
that the impugned judgment has been passed during lockdown which
was completely lifted only in October, 2021. After perusing the Interim
Application as well as What's App chats between the Applicant's brother
and her advocate, we are satisfied that sufficient cause is made out for
condoning the delay.
DECEMBER 14, 2023
Utkarsh
8.ia(st).17830.2023.doc
5. In these circumstances, the delay in filing the above Appeal
is condoned. As the delay is now condoned the above Family Court
Appeal shall be numbered subject to other office objections being
removed within a period of 4 weeks from today, failing which the above
Family Court Appeal shall stand dismissed without further reference to
the Court.
6. The Interim Application is accordingly disposed of.
However, there shall be no order as to costs.
7. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by
fax or email of a digitally signed copy of this order.
[SOMASEKHAR SUNDARESAN,J.] [ B. P. COLABAWALLA, J.]
DECEMBER 14, 2023
Utkarsh
