1 FCA151-10 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 151 OF 2010 Sumeet Ramesh Bhoyte. .. Appellant. Vs. Mosmi Sumeet Bhoyte @ Mosmi Pralhad Devghare. .. Respondents. Mr. Pradeep M. Patil for appellant. None for respondents. CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. NOVEMBER 23, 2010. P.C. We have heard Mr. Patil, the learned counsel for the appellant at length. 2. Admittedly the Family Court proceeded to pass an ex-parte decree on 31.1.2009 in the petition filed by the appellant and dissolved the marriage between the parties. The respondent wife filed Civil Misc. Application No. 32 of 2009 for setting aside the ex-parte decree and to restore the petition filed by the appellant for fresh decision and the same 2 FCA151-10 application has been allowed by the impugned order dated 5.10.2010. 3. The respondent/wife in her application i.e. MA No. 32 of 2009 stated before the Family Court that she was not knowing about the proceedings pending against her till the decree of nullity of marriage was passed against her on 31.1.2008 and immediately on the next date she submitted an application for a certified true copy of the said decree. It was made available on 20.5.2009 and the Misc. Application appears to have been presented before the Family Court on 15.6.2009. Hence on the basis of this record, we do not find any error committed by the Family Court in allowing the application for condonation of delay as well as to set aside the ex-parte decree. Hence, the appeal must fail at the threshold and the same is hereby dismissed. The C.A.,No. 311/10 does not survive. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)