Amitbhai Damjibhai Vasava vs Hetalben Bansilal Vasava
2025 Latest Caselaw 4936 Guj

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
                       ==========================================================
                                                  AMITBHAI DAMJIBHAI VASAVA
                                                            Versus
                                                  HETALBEN BANSILAL VASAVA
                       ==========================================================
                       Appearance:
                       MR G RAMAKRISHNAN(1390) for the Applicant(s) No. 1
                       MS SHALINI S MAIR(2681) for the Respondent(s) No. 1
                       ==========================================================

                            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.

NEUTRAL CITATION

C/CA/3248/2024 ORDER DATED: 19/06/2025

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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.

(A.Y. KOGJE, J)

(NSSG,J) PARESH SOMPURA