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2005 Supreme(Guj) 3

C.K.BUCH
MAHENDRABHAI NAGJIBHAI PATEL – Appellant
Versus
ILABEN MAHENDRABHAI PATEL – Respondent


Advocates Appeared: ASHISH M.DAGLI, YATIN SONI

C. K. BUCH, J.

( 1 ) HEARD Mr. Yatin Soni, learned counsel appearing for the petitioner and Mr. A. M. Dagli, learned counsel appearing for the respondent on merits.

( 2 ) MR. YATIN Soni, learned counsel appearing for the petitioner, has taken me through the relevant averments made in the impugned order dated 24th May, 2004, passed by the Jt. District Judge (FTC No. 4), Bharuch, in Misc. Application No. 119 of 2004, praying for condonation of delay caused in preferring an appeal against the order passed by the learned Civil Judge (S. D.), Bharuch. The petitioner-husband, on the date of filing of the main petition under Hindu Marriage Act, was aged 62 years and the respondent-wife was aged 59 years. The learned Civil Judge (S. D.), Bharuch, while granting the application for interim alimony preferred under Section 24 of the Hindu Marriage Act, directed the petitioner to pay maintenance of Rs. 1500/- per month and Rs. 200/- towards costs. The petitioner intended to challenge the said order dated 16th December, 2003, by way of an appeal before the First Appellate Court; but as the appeal was barred by law of limitation, Misc. Application praying condonation of delay of 25 days caused i






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