Bombay High Court
RESHMA GUFRAN RIZVIversusDR.AKHTAR HASAN RIZVI AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The application for condonation of delay is allowed, and the appeal is to be registered.
Summary
The appellant Reshma Gufran Rizvi filed a Family Court Appeal challenging an order dated 28.08.2025 of the Family Court at Bandra. Along with the appeal, an interim application was filed seeking condonation of a 76‑day delay in filing the appeal. The appellant explained that a writ petition was initially filed and later withdrawn with liberty to file the present appeal, causing the delay. The court examined the application, found the reasons bona fide, and granted condonation of delay. Consequently, the court ordered the appeal to be registered, notice to be issued to the respondents by 14.08.2026, and permitted service of notice by private mode including electronic mail.
Issues considered
- Whether the 76‑day delay in filing the Family Court Appeal can be condoned.
Subjects
- condonation of delay
- family court appeal
- procedural law
- service of notice
- electronic service
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.07.21
13:38:32
+0530 1/2 26 IA.2367.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2367 OF 2026
IN
FAMILY COURT APPEAL (STAMP) NO. 5134 OF 2026
Reshma Gufran Rizvi .. Appellant
Versus
Akhtar Hasan Rizvi & Ors. .. Respondents
…
Ms Sarah Kapadia a/w Ms Anoushka Thangkhiew i/by Vesta
Legal, for the Appellant.
Ms Taubon F. Irani, for the Respondent.
…
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 17th JULY, 2026
P.C:-
1. The Family Court Appeal, which raise a challenge to the
order dated 28.08.2025 passed by the Family Court at Bandra,
is accompanied with an Application seeking condonation of
delay of 76 days in Aling of the Appeal.
We heard the learned counsel for the Applicant and the
learned counsel for the Respondent and perused the
Application.
The Application proceed to state that, upon receipt of the
impugned order, the Applicant Aled a writ petition, which was
subsequently withdrawn with liberty to Ale the present
Appeal, and this has resulted into delay.
Rushikesh
2/2 26 IA.2367.2026.odt
Being satisAed with the bona Ades of the Application and
the reasons stated therein, the Application is made absolute.
2. The Registry is directed to register the Appeal.
Issue notice in the Appeal to the Respondent, by making
it returnable on 14.08.2026.
In addition to the Court notice, the notice is also
permitted to be served through private mode, including
electronic mail.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
Rushikesh
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