Bombay High Court
RUCHA SAMADHAN KULKARNIversusSAMADHAN ANANTRAO KULKARNI
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court granted condonation of the 117‑day delay and ordered the appeal to be registered after removal of objections.
Summary
The wife, Rucha Kulkarni, filed a civil application seeking condonation of a 117‑day delay in filing a Family Court appeal against her husband, Samadhan Kulkarni. The husband’s counsel was absent, and the wife’s counsel, S. B. Kendre, appeared before the bench. The sole issue was whether the court could grant condonation for the delay under the procedural law governing family court appeals. The bench examined the reasons provided in the application and found them sufficient to justify the delay. Consequently, the application was allowed, directing that the appeal be registered after clearing all procedural objections.
Issues considered
- Whether a delay of 117 days in filing a Family Court appeal can be condoned under the applicable procedural law
Subjects
- condonation of delay
- family court appeal
- civil procedure
- registration of appeal
- absence of respondent
Judgment
2026:BHC-AUG:39483-DB
940 CIVIL APPLICATION NO. 12538 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
940 CIVIL APPLICATION NO. 12538 OF 2025
IN FCAST/28553/2025
Rucha W/o. Samadhan Kulkarni
Versus
Samadhan Anantrao Kulkarni
__________________________________________________________
Adv. S. B. Kendre h/f. Adv. Ravibhushan P. Adgaonkar for
Applicant - Wife
Adv. I. D. Maniyar for Respondent - Husband - Absent
__________________________________________________________
WITH
CIVIL APPLICATION NO. 12539 OF 2025
IN FCAST/28553/2025
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 28, 2026
PER COURT :
CIVIL APPLICATION NO. 12538 OF 2025 :
1) Learned Advocate Mr. Kendre, holding for
learned counsel Mr. Adgaonkar, appears on behalf of the
Applicant - Wife. Learned counsel for Respondent -
Husband remained absent.
2) By way of the present application, the applicant
is seeking condonation of delay of 117 days in filing the
present Family Court Appeal.
3) For the reasons stated in the application, the
application stands allowed in terms of prayer clause "(B)"
and disposed of. The appeal be registered after removal of
all the office objections.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page 1 of 1
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