Bombay High Court

SMITA SUSHANTH SHETTYversusSUSHANTH SURESH SHETTY

Decided: 23 January 2026
Disposal: Allowed
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The Court condoned the delay and directed that the Family Court appeal be registered.

Summary

The applicant, Smita Sushanth Shetty, filed an interim application seeking condonation of a 181‑day delay in filing an appeal against a Family Court decree for restitution of conjugal rights under the Special Marriage Act, 1954. She claimed she was unaware of the judgment until she obtained a certified copy on 28 May 2025, which caused the delay. The Court examined the explanation, found no malafide intent, and noted that refusing condonation would prejudice the appellant’s substantial rights. Consequently, the Court granted the interim application, ordering that the appeal be registered. The matter was listed for further hearing on 6 March 2026, with the respondent waiving notice.

Issues considered

Whether the 181‑day delay in filing the appeal can be condoned under the principles of condonation of delay.

Legislation cited

Special Marriage Act, 1954

Subjects

condonation of delay
appeal registration
restitution of conjugal rights
Special Marriage Act
family court

Judgment

                           1/2                 17 IA 10061-25.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
            INTERIM APPLICATION NO. 10061 OF 2025
                             IN
          FAMILY COURT APPEAL (ST) NO.22981 OF 2025
                            WITH
            INTERIM APPLICATION NO.10062 OF 2025
                             IN
          FAMILY COURT APPEAL (ST) NO.22981 OF 2025

Smita Sushanth Shetty                   ..   Applicant
                 Versus
Sushanth Suresh Shetty                  ..   Respondent
                                 …
Adv. Sumit S Kate a/w Adv. Sonali Chavan for the Applicant.
Mr. Ajinkya Udane for respondent.

                   CORAM : BHARATI DANGRE &
                           MANJUSHA DESHPANDE, JJ
                   DATED : 23rd JANUARY, 2026


P.C:-

             Interim Application No. 10061 of 2025


1            The Application seeks condonation of delay of 181
days in filing the Appeal challenging the decree for restitution
of conjugal rights under the Special Marriage Act, 1954 in P. A.
No. 973 of 2020 by the Family Court at Pune.


2            Heard the learned counsel for the applicant and
perused the application seeking condonation of delay.


Ashish
                             2/2               17 IA 10061-25.doc


            With reference to the impugned judgment dated
4/01/2025, the applicant state that upon an application for
certified copy being preferred on 16/5/2025, the copies are
received on 28/05/2025.


            For the belated application being made, it is the
contention of the applicant that she was not aware of the
pronouncement of the judgment and only when she gained
knowledge about the same, she preferred an application.


            Since we find that if the delay is not condoned, the
substantial rights of the appellant shall be impacted and we do
not find any malafides in the interim application.


3           Interim Application is made absolute in terms of its
prayer clause.


            By condoning the delay the Family Court Appeal is
directed to be registered.


4           Mr. Ajinkya Udane waives notice on behalf of
respondent.


            At his request, we direct listing of the Appeal for
further consideration on 6/03/2026.


(MANJUSHA DESHPANDE, J)               (BHARATI DANGRE, J.)



Ashish

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