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
NEUTRAL CITATION
C/CA/2335/2024 ORDER DATED: 04/08/2025
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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.
NEUTRAL CITATION
C/CA/2335/2024 ORDER DATED: 04/08/2025
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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
