Bombay High Court
NITIN MARUTI GAIKWADversusYOGITA NITIN GAIKWAD
- Decided
- Disposal
- Allowed
Holding
The court condoned the 33‑day delay and permitted the filing of the appeal.
Summary
The applicant, Nitin Maruti Gaikwad, filed an interim application seeking condonation of a 33‑day delay in filing a Family Court appeal against a judgment dated 17‑09‑2025 that dismissed a restitution petition and partially allowed a divorce petition. The delay was attributed to the applicant not being aware of the order. The court, after hearing counsel and finding the applicant acted in good faith, condoned the delay and ordered the registry to register the appeal. Consequently, the interim application was disposed of. The decision allows the appeal to proceed despite the procedural lapse.
Issues considered
- Whether a delay of 33 days in filing a Family Court appeal can be condoned.
Subjects
- condonation of delay
- family court appeal
- procedural law
- restitution petition
- divorce petition
Judgment
1/1 38 IA 3314-26-C.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3314 OF 2026
IN
FAMILY COURT APPEAL (ST) NO. 4538 OF 2026
Nitin Maruti Gaikwad .. Applicant
Versus
Yogita Nitin Gaikwad .. Respondent
Mr.Sanjay Bhojwani a/w Mr.Naresh Parihar for the Applicant.
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 8th MAY, 2026
P.C:-
1 The Interim Application seek condonation of delay of 33
days of 33 days in filing the Family Court Appeal being
aggrieved by the Judgment and Order dated 17/09/2025
thereby dismissing the Restitution Petition No. 634/2019 and
partly allowing the Divorce Petition NO. 683/2021.
2 We have heard the learned counsel for the Applicant and
perused the Application.
Being satisfied with the bonafides and taking note of the
fact that the time consumed was on account of not being made
aware of the order being passed, we condone the delay of 33
days.
3 Let the Registry register the Family Court Appeal.
4 In the wake of above, Interim Application is disposed of.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
Corrected as per Speaking to the Minutes of order dated 19/06/2026.
Rajshree
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