1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.9826 of 2003 Sou. Sangita Arun Deshmukh Petitioner Vs. Shri Arun Keshav Deshmukh Respondent Mr.M.A.Patil for petitioner. CORAM: B.H.MARLAPALLE,J. July 11, 2006. P.C. . Heard Mr.Patil, the learned counsel for the petitioner-wife. . The learned Civil Judge, Senior Division at Pandharpur allowed the petition for divorce filed under Section 13 of the Hindu Marriage Act, 1955 by his judgment and order dated 27/1/1999 and on the ground of desertion on the part of wife. Against this decree passed in HMP No.93 of 1997 the petitioner approached the lower Appellate Court belatedly and filed Misc. Application No.122 of 2001 2 for condonation of delay. The said application came to be dismissed on 14/8/2002. . Thus it is evident that the decree of divorce was passed by the competent Court more than seven years back and the lower appellate Court shut its doors from entertaining the appeal about four years back. The notices in this petition could not be served on the respondent-husband for the reasons that he is not staying at the given address. It is implied that he is remarried and has settled somewhere else in the new phase of his life during the last seven years. . There is no reason to entertain this petition now and Mr.Patil, the learned counsel for the petitioner submitted that the wife has a right to apply for maintenance and the finding recorded by the lower Appellate Court in rejecting the application for delay condonation may come in her way. It is hereby clarified that if she is entitled to file an application for maintenance / alimony, the said application will be considered only on the basis of the decree passed by the learned Civil Judge, Senior Division at Pandharpur on 27/1/1999 and without being 3 influenced by the observations made by the lower appellate Court in the impugned order. The petition is disposed off accordingly. (B.H.MARLAPALLE,J.)