ANSOYABEN Vs. MAHESHBHAI CHIMANBHAI ROHIT

JUDGEMENT

(1.) Heard Ms. Alka Vaniya, the learned counsel appearing for the appellant wife. Ms. Alka Vaniya, the learned counsel has been appointed by the High Court Legal Services Committee.

(2.) This Civil Application is at the instance of the wife seeking condonation of delay of 2029 days caused in instituting the First Appeal against the judgment and decree dated 19.04.2014 passed by the learned Additional Family Judge, Vadodara in the Family Suit No.60 of 2012.

(3.) We take notice of the fact that the wife preferred an application under Section-9 of the Hindu Marriage Act seeking restitution of conjugal rights before the learned Family Court and by order dated 19.04.2014, a decree was passed in favor of the wife granting restitution of conjugal right under Section-9 of the Hindu Marriage Act. We fail to understand as to why the wife has instituted the present appeal when the family Court has allowed the application under Section-9 of the Hindu Marriage Act in favour of the wife. To a specific query in this regard, Ms. Alka Vaniya, the learned counsel submitted that as the husband is not complying with the decree passed by the Court below, the first appeal has been preferred with the delay of 2029 days.