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2025 DAILYLAW 4351 (BOM)

GOVIND S/O DEORAO LAHANE v. SOW. SAVITA W/O GOVIND LAHANE

CAO/964/2025 · 2026-09-03

body2025

Judgment text

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(1) 47.cao.964.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.964 OF 2025 IN FAMILY COURT APPEAL STAMP NO.3017 OF 2024 Govind s/o Deorao Lahane Vs. Sow. Savita w/o Govind Lahane -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. M. S. Gawai, Advocate for appellant/applicant. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 03/09/2026 1. By this application, the applicant is seeking condonation of delay, which is caused in preferring an appeal against the judgment and order dated 16.10.2023 passed by the learned Judge of the Family Court, Buldhana granting permanent alimony as per Section 25 of the Hindu Marriage Act. 2. Learned counsel for the applicant submitted that as some important documents were required, we filed along with the appeal and, therefore, time was consumed and, therefore, delay of 76 days was caused. He further submitted that there is sufficient and reasonable cause for condonation of delay, which is mentioned in the application. In view of that, the application be allowed. 3. Despite service of notice, none appears for the respondent. 2026:BHC-NAG:11841-DB (2) 47.cao.964.2025 4. We have perused the application. The application shows that after issuance of notice, the respondent appeared in the matter and filed his say. The respondent denied the claim in toto, except admission in respect of relationship. After recording the evidence, despite the present applicant has made an attempt to cohabit, she did not respond the same and order of granting permanent alimony came to be passed. He submitted that thereafter the present applicant/appellant was desired to file some documents and, therefore, time was consumed in obtaining the said documents. He submitted that he has already paid the amount of Rs.4,00,000/- towards permanent alimony, but this aspect was not considered by the learned Family Judge. Thus, he is having every chance of success in the present appeal, but merely for the technical reasons, he cannot be deprived from preferring an appeal. 5. In view of the reasons mentioned in the application as well as considering the length of delay, at this stage, the application deserves to be allowed, subject to the costs of Rs.3,000/- [Rs. Three Thousand]. 6. The costs be deposited in “Public Welfare Account”. The Account number is 129712010001014 IFSC Code: UBIN0812978 [Union Bank of India, Branch High Court, Civil Lines, Nagpur.] 7. On payment of the costs, appeal be registered. 8. Civil Application (CAO) No.964/2025 is disposed of. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 07/09/2026 20:28:17