IN FAST/4557/2025 v. ROHIT ISHWAR RAGHUWANSHI
Case at a glance
Outcome
Allowed
Civil Application is allowed
Provisions considered
Key paragraphs
- Para 77. Civil Application is allowed. First Appeal be registered. FAST/4557/2025
Judgment
Mr. A. I. Deshmukh, Advocate for Applicant Mr. P. B. Patil, Advocate for Respondent … CORAM : AJIT B. KADETHANKAR, J. DATE : 19th SEPTEMBER 2025 PER COURT :-
It is submitted that the proceedings under Section 22 of the Special Marriage Act, 1954, seeking restitution of conjugal rights, were instituted by the present respondent in the Court of learned District Judge-1, Jalgaon, vide Special Marriage Petition No.11 of 2023. The learned Trial Court, vide its judgment and decree dated 18.09.2024, decreed the petition. The present applicant is the wife against whom the decree of restitution of conjugal rights has been passed.
The applicant submits that there is delay of 49 days in filing the appeal. Mr. Deshmukh, learned counsel for the applicant submits that the applicant was unaware of the passing of the impugned ( 2 ) 981 CA 2241 OF 2025 judgment and decree and hence could not approach to the legal adviser/advocate in time for filing the present appeal. He submits that the delay is neither deliberate nor due to lethargy or negligence, and there is no intention to protract the proceedings. He, therefore, prays for condonation of delay.
Mr. Patil, learned counsel for the respondent opposes the application.
Upon hearing the parties, I am of the considered view that this is a matrimonial litigation, involving issues of cohabitation or refusal to cohabit with the spouse. Given the nature of the litigation and the reasons stated in the application, the delay of 49 days in filing the appeal deserves to be condoned.
Accordingly, delay of 49 days, caused in filing the appeal stands condoned.
Operative part
Civil Application is allowed. First Appeal be registered. FAST/4557/2025
1. After registration of the First Appeal, issue notice to the respondent. Mr. Patil, learned counsel waives service of notice for the respondent. ( 3 ) 981 CA 2241 OF 2025
3. Call Record and Proceeding. At this juncture, both the learned counsels for the respective parties express their willingness for mediation.
4. In view of the above, the parties are referred to the mediation.
5. Mr. R. M. Deshmukh, learned counsel is hereby appointed as mediator for the proposed mediation.
Both the parties shall appear before the mediator on the date decided by the Mediator and the Mediator is requested to submit a report of mediation before 17th October 2025.
7. Both parties shall cooperate with the Mediator to arrive at a logical and amicable resolution of the dispute. PRW
[AJIT B. KADETHANKAR, J.]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Civil Application is allowed
Which statutory provisions did this judgment involve?
Special Marriage Act, 1954 — s. 22.
Which court decided this case, and when?
Bombay High Court, on 19 Sep 2025. The bench was AJIT B KADETHANKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.