1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.308 OF 2009 IN FAMILY COURT APPEAL (ST) NO.30684 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. J.Shekhar i/b J. Shekhar & Co, for the applicant. Mr Hemant Ghadigaokar, for the respondent. CORAM: D.B.BHOSALE AND R.Y.GANOO, JJ. DATE : 22/01/2010 PC: Heard learned counsel for the parties. By this civil application, the applicant has prayed for condoning 38 days delay in filing the appeal. The appeal is directed against the judgment and order dated 27.8.2009, by which the appellant’s petition for custody under section 26 of the Hindu Marriage Act, 1955 has been dismissed. We have perused the civil application so also the T 2 reply affidavit filed by the respondent. For the reasons stated in the application and in the interest of justice, we are inclined to condone the delay. Order accordingly. The civil application is disposed of. Appeal to come up for admission on 5.2.2010. (R.Y.GANOO, J.) (D.B.BHOSALE, J.) 3