Civil Application No. 126 of 2009 · Bombay High Court

. Heard Mr. Patil the learned counsel for the applicant. Mr.Sanjay Barde appears for the caveator-respondent. . Family Court Appeal under Stamp No. 9933 of 2009 has been filed belatedly and hence this application for condonation of delay. As per the office note, the appeal is beyond time by 30 days. . By a common judgment dated 8/12/2008, Petition No.A-1495 of 2006 filed by the wife for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 and Petition E-7 of 2007 filed by her for maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956 came to be decided. The applicant - husband had filed a counter claim in the petitions filed by the wife and prayed for divorce. His counter claim has been dismissed. This common judgment came to be challenged for the first time in FCA No. 29 of 2009 which was filed in time and the decree for restitution of conjugal rights passed by the Family Court has been challenged in the said appeal. Whereas in FCA Stamp No. 9933 of 2009, the challenge is against the order dismissing counter claim seeking a decree of divorce and as a legal necessity, this separate appeal has been filed and hence there is a delay. . We are satisfied that the delay caused deserves to be condoned. . Hence, this application is allowed in terms of prayer clause (a). . List the appeal along with FCA No. 29 of 2009 for admission on 28/4/2009. (S.J. Vazifdar,J.) (B.H. Marlapalle,J.)