IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO. 108 OF 2008

IN

SECOND APPEAL (ST.) NO. 898 OF 2008

Smt.Ujwala Vijaykumar Marathe......

......

...... Applicant

V/s

Vijaykumar Ramchandra Marathe......

...... ...... Respondent.

Mr.M.S.Karnik, Adv. For the applicant.

Mr.S.M.Sabrad, Adv. For the respondent.

CORAM: R.V. MORE, J.

16^th DECEMBER, 2008.

PC:

Civil application is taken out for condonation of delay of 3 years

and 177 days. The respondent filed petition for divorce on the

ground of desertion against the applicant. The learned trial Judge

was pleased to grant decree of divorce. However respondent was

directed to pay to the applicant maintenance at the rate of Rs.2500/-

towards maintenance of the applicant and minor won. The custody of

minor son was also granted to the applicant. Decree of divroce was

not challenged by the applicant. However the respondent preferred

an appeal before the lower appellate Court challenging the order

regarding maintenance and custody of minor child. The appeal was

decreed ex-parte on 22.4.2004. It was case of the applicant that she

1

already appointed an advocate to defen