P.B. Majmudar, J.

Rule. By consent the Application is taken up for hearing today.

2. This is an Application filed by the Appellant/wife for condoning the delay of about 5 years, 144 days in filing the Appeal which is against the decree of divorce granted by the trial Court. The Respondent herein has filed a marriage Petition being Petition No.A1406 of 2005 for dissolving the marriage on the ground of cruelty & alternatively on the ground of judicial separation. The Family Court by its order dated 11 July 2006 passed an exparte decree by dissolving the marriage on the ground that though served the original Respondent/wife has not appeared in the proceedings. The trial Court accordingly allowed the application of the original Respondent/husband on 11 July 2006. It is the aforesaid order which is challenged in this Appeal. Since there is an inordinate delay for more than 5 years, this Civil Application is filed for condonation of delay.

3. Mr. Khandeparkar, the learned counsel appearing for the applicant/wife vehemently argued that this is a case in which the Respondent/husband surreptitiously and by committing fraud proceeded with the Family Court application against the wi