gst 1 cam287.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO. 287 OF 2010 IN CROSS OBJECTION (ST.) NO. 26132 OF 2010 IN FAMILY COURT APPEAL NO. 60 OF 2010. Sarita Franklin Barboza.... ..... ..... Applicant. V/s Franklin Barboza .... ..... .... Respondent. Mr.A.V.Anturkar i/by Mr.N.V.Gangal, Adv. For the applicant. Ms.R.Bhargavan, Adv. For respondent. CORAM: B.H.MARLAPALLE AND U.D. SALVI, JJ. 10th December, 2010. PC: 1. We have heard learned counsel for both the parties. 2. The applicant has filed cross Appeal in FCA No.60/10 which appeal has been filed by the husband. But as per the office note X-appeal is belated. 3. The reasons set out in support of the prayer for condonation of delay is that after the appeal i.e. FCA No.60/10 was admitted on 21.6.10 the husband died on 9.7.10 and his LRs were brought on record on 21.7.10. However this order dated 21.7.10 was not served on the applicant and she came to know of the said order through the internet. On 6.9.10 she was served with copy of Civil Application and that is how she came to know that LRs have been brought on record and the appeal does not survive. It has been further stated that Cross Objection was affirmed on 8.9.10. Thereafter she had to change her advocate and that is how Cross Objection has been presented on 8.10.10 in the Registry of this Court. Thus there is delay of about 70 days. gst 2 cam287.10.sxw 3. Mr.Anturkar, learned counsel appearing for the respondent has invited our attention to Scheme of Section 19 of the Family Court Act and submitted that Cross Objection in an appeal is not envisaged under the said Scheme and in our opinion there is no provision for condonation of delay if regard be given to the scheme of section 20 of the said Act. As per Mr.Anturkar, provisions of Family Courts Act shall have effect notwithstanding anything inconsistent therewith contained in any instrument having effect by virtue of any law other than the Family Courts Act and therefore the Limitation Act is not applicable to the instant case. 4. In our view, the Cross Appeals filed by the Applicant is not an appeal as envisaged under section 19 of the Family Courts Act and if the Family Court Appeal No.60/10 was admitted on 21.6.10 the applicant may move the Cross Objection only thereafter and therefore the delay in filing the application will start from 21.10.10. Mr.Anturkar has also submitted that the Cross Objection is not maintainable and on which issue we will hear the parties separately. In so far as issue of delay is concerned, in our view, the same deserves to be condoned and hence the Application is allowed and delay caused in filing Cross Objection is condoned. (U.D. SALVI, J.) (B.H.MARLAPALLE, J.)