Bombay High Court
BABITA @LAXMI SUNIL BHOIversusSUNIL DASHARATH BHOI
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the 80‑day delay and ordered the appeal to be registered.
Summary
The wife, Babita @laxmi, filed a civil application seeking condonation of an 80‑day delay in filing a Family Court appeal against her husband, Sunil Dasharath Bhoi. The bailiff’s report indicated that the husband refused to accept the notice, which the court deemed to constitute service. No representative appeared for the husband. The court considered whether the statutory period for filing the appeal could be extended despite the delay. It held that the delay was condoned, allowing the appeal to proceed. Consequently, the application was disposed and the appeal was to be registered after clearing any office objections.
Issues considered
- Whether an 80‑day delay in filing a Family Court appeal can be condoned.
- Whether service of notice is deemed effected when the respondent refuses to accept it.
Subjects
- Family Law
- Appeal
- Condonation of Delay
- Service of Notice
- Civil Procedure
Judgment
2026:BHC-AUG:41903-DB
946 CIVIL APPLICATION NO. 17074 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
946 CIVIL APPLICATION NO. 17074 OF 2022
IN FCAST/30014/2022
Babita @laxmi W/o. Sunil Bhoi
Versus
Sunil Dasharath Bhoi
__________________________________________________________
• Adv. Anita V. Veer h/f. Adv. Dhananjay A Naik, for
Applicant - Wife
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 08, 2026
PER COURT :
1) Learned advocate Ms. Veer, holding for Mr. Naik,
learned counsel for the Applicant - Wife, submits that the
report of the Bailiff clearly indicates that the Respondent -
Husband has refused to accept the notice.
2) In view of the same, the notice is deemed to
have been served. However, none appeared on behalf of the
Respondent - Husband.
3) For the reasons recorded in the application, the
delay of 80 days in filing the Family Court Appeal stands
condoned. The Application is accordingly disposed of.
4) The appeal filed by the Applicant - Wife 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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