LAWS(GJH)-2023-1-786

CHAUDHARY CHETNABEN DILIPBHAI Vs. CHAUDHARY DILIPBHAI LAVJIBHAI

Decided On January 17, 2023
Chaudhary Chetnaben Dilipbhai Appellant
V/S
Chaudhary Dilipbhai Lavjibhai Respondents

JUDGEMENT

(1.) By way of present application filed under Sec. 5 of the Limitation Act, present applicant - original respondent - wife has prayed to condone the delay of seven days in filing the captioned first appeal.

(2.) Rule was issued by the Coordinate bench of this Court on 6/7/2022. In response to the notice issued by this Court, Mr. Bhishma A. Rawal appeared for the respondent but he has not filed affidavit-in-reply in the matter.

(3.) It is the case of the applicant that since the Registry of this Court has raised objection with regard to delay of seven days in filing the captioned first appeal and therefore, present applicant is compelled to file this application for condonation of delay though, as per her case, there is no delay in filing the captioned first appeal in view of the provisions of Sec. 28(4) of the Hindu Marriage Act, which provides the limitation of 90 days in filing the appeal challenging the judgment and order passed by the Court in the matrimonial proceedings.