1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.22 OF 2010 WITH FAMILY COURT APPEAL STAMP NO.1241 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Applicant present in person. Mr.Raju More i/b Mr.R.M.Patne for respondent no.1. CORAM : D.B.BHOSALE AND R.Y.GANOO, JJ. DATED : 9/02/2010 PC: 1. Heard learned counsel for the parties. 2. By this civil application, the applicant- wife, who is present in the court, has prayed for condoning 311 days delay in filing the appeal. The appeal is directed against the judgment and order dated 2.12.2008 passed by the Family Court whereby the respondent’s petition for divorce has been allowed with direction to the applicant to deliver custody of the child – Gayatri to the respondent. The applicant in person submits that she is not challenging the decree of divorce and her S 2 challenge in the appeal is only against the direction to deliver custody of the child to the respondent. Since the issue of custody and welfare of child is involved in the appeal we are inclined to condone the delay hence civil application is made absolute in terms of prayer clause (a). FCA (St.)No.1241/10 3. Mr.More, learned counsel for the respondent and appellant in person state that they are negotiating settlement and they request to keep the matter for admission after two weeks. The appeal to come up for admission on 23.2.2010. 4. The parties are directed to remain present in the court on the next date of hearing. (R.Y.GANOO,J.) (D.B.BHOSALE,J.)