DWAIPAYAN JITENDRAKUMAR NAYAK Vs. ANUJA NAYAK

JUDGEMENT

(1.) This is an application at the instance of husband, seeking condonation of delay in preferring first appeal against the order passed by the Family Court, Vadodara, dtd. 31/3/2018 in Civil Misc. Application No. 29 of 2018 under the provisions of Sec. 7 of the Guardians and Wards Act, 1890 read with Sec. 6 of the Hindu Minority and Guardianship Act, 1956 and Sec. 151 of the Code of Civil Procedure, 1908 (" the Code").

(2.) Rule was issued by this Court vide order dtd. 5/4/2021 in the captioned civil application for condonation of delay. Pursuant to the service of notice of rule, Mr. Shashvata U Shukla, the learned counsel appearing for the respondent (wife) and contested the delay condonation application by filling affidavit-in-reply dtd. 30/7/2021.

(3.) It is pertinent to mention that, initially the dispute with regard to the delay of number of days in filing first appeal, was raised. According to the applicant, there was delay of 321 days, whereas, according to the other-side, delay is of 1068 days. Thus, vide order dtd. 27/9/2021, this Court had directed the Registry to recalculate the delay in accordance with law and to submit appropriate submission. Pursuant to the aforesaid order, the submission has been placed before this Court by the Registry by recalculating the days of delay, which has now come to 688 days.