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Bombay High Court

ANITA SANJAY RANALKARversusSANJAY PURSHOTTAM RANALKAR AND ANR

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 171‑day delay and ordered the appeal to be registered.

Summary

The applicant filed a first appeal against a judgment dated 27 September 2023 under Section 6 of the Hindu Minority and Guardianship Act, 1956 concerning custody of a minor child. The appeal was filed 171 days after the judgment, exceeding the prescribed time limit. The court examined the reasons for the delay and, considering the nature of the dispute involving a minor, decided to condone the delay. Consequently, the appeal was ordered to be registered in accordance with law. The objection raised by the respondents regarding the maintainability of the appeal was kept open for determination during the hearing on admission, which was scheduled for 24 September 2026.

Issues considered

  • Whether a delay of 171 days in filing a first appeal can be condoned under the applicable procedural law
  • Whether the appeal is maintainable pending a detailed hearing

Legislation cited

Subjects

  • delay condonation
  • first appeal
  • custody of minor
  • Hindu Minority and Guardianship Act
  • maintainability

Judgment

                                                   1                       915-ca-6557-2024.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                 BENCH AT AURANGABAD
                             CIVIL APPLICATION NO. 6557 OF 2024
                                     IN FAST/16753/2024
                                      Anita Sanjay Ranalkar
                                             VERSUS
                             Sanjay Purshottam Ranalkar And Anr
                                                ...
                        Advocate for Applicant : Mr. Kazi Rahil Riyazoddin
                       Advocate for Respondents : Mr. Patil Prafullasing H.
                                                ...
                                            CORAM : ROHIT W. JOSHI, J.
                                            DATED : AUGUST 21, 2026
             P.C.:

             1.       There is a delay of 171 days caused in filing first appeal
             preferred in order to challenge judgment dated 27.09.2023 passed in
             application under Section 6 of Hindu Minority and Guardianship Act,
             1956.

             2.       Having regard to the reasons mentioned in the application as
             also the fact that the appeal involves custody of a minor child, delay of
             171 days caused in filing the appeal is condoned.        The appeal be
             registered in accordance with law.

             3.       The objection with respect to the maintainability of appeal
             raised by learned advocate for respondents is kept open. The parties
             will be heard on the issue of maintainability of appeal while hearing the
             appeal on admission.

             4.       List the appeal for hearing on admission on 24.09.2026.




                                                         [ROHIT W. JOSHI J.]

Mujaheed//


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