KIRTI VIVEK MOGHE Vs. VIVEK VASUDEO MOGHE

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By this Interim Application, the Applicant/Wife is seeking condonation of delay of 1 year and 78 days delay in filing the the Family Court Appeal challenging the Judgment and Decree dated 28/06/2018, passed by the Family Court at Bandra, Mumbai, in Petition No.A-848 of 2015, allowing the Respondent/Husband's Petition under section 13(1)(ia) of the Hindu Marriage Act, 1955. The operative part of the said Judgment and Decree reads thus;

(3.) Learned Counsel appearing on behalf of Applicant submits that in the present proceedings the Respondent/Husband filed Petition for divorce under section13(1) (ia) of the Hindu Marriage Act on 23/02/2015. She submitted that after service of summons, Applicant attended counselling before the Family Court. She submitted that, thereafter because of understanding between the Applicant and the Respondent, she remained absent before the trial Court. She submitted that she learnt about the passing of Judgment and Decree by the Family Court on 28/06/2018. Thereafter she immediately applied for certified copies of judgment on 18/08/2018. She submitted that, initially Applicant received advise from the Legal Practitioner, to file application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the exparte decree. She submitted that the said application is pending for hearing and final disposal on its own merits before the Family Court, Mumbai.