1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. NO. 6494/07, C.A. NO. 8140/07 IN FIRST APPEAL ST. NO. 19672 OF 2006 Manoj Paliwal .VS. Smt. Swati Paliwal ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM: A.P. LAVANDE & R.V. MORE, JJ. DATED : SEPTEMBER 11, 2007. CIVIL APPLICATION NO. 6494 OF 2007 : Heard the learned Counsel for the respective parties. By this application, the appellant seeks amendment in Civil Application No. 8140/06 by substituting 154 days with 94 days. Since the amendment is formal, the application is allowed. Consequently, the applicant is permitted to amend Civil Application No. 8140/06. Amendment to be carried out forthwith. The application stands disposed of. CIVIL APPLICATION NO. 8140 OF 2006 : By this application, the applicant seeks condonation of delay of 94 days in filing appeal against judgment and order dated 15.5.2006 passed by the Family Court, Nagpur in Petition No. A-542/06 by which decree of divorce on the ground of cruelty has been granted in favour of the respondent. In para 3 of the application, the applicant has stated that till middle of November, the applicant could not contact his Counsel at Nagpur for the purpose of filing appeal on account of illness of the family members of the appellant and the applicant himself. Mr. Karbhari, learned Counsel for the respondent, has 2 invited our attention to the fact that the very appellant has filed affidavit dated 20.9.2006 by way of reply to the application for interim relief filed by the respondent herein preferred by the respondent against the very same judgment and order and the said affidavit was sworn by the respondent at Nagpur. When confronted with this position, Mrs. Mudaliar, learned Counsel for the appellant, stated that the appellant does not dispute that he was in Nagpur on 20.9.2007 for the purpose of swearing the affidavit. Reading of the para 3 of the affidavit filed in support of the application discloses that the appellant has not come out with clean hands and has not disclosed correct facts in support of the application. However, since the matter is matrimonial, we are inclined to condone the delay ny awarding costs in favour of the respondent. Accordingly, the application is allowed. The delay of 94 days in filing the application is condoned subject to payment of costs of Rs.5000/- to respondent within a period of four weeks. FIRST APPEAL STAMP NO. 19672 OF 2006 : Office to register the appeal. Heard Mrs. Mudaliar, learned Advocate for appellant and Mr. Karbhari, learned Advocate for respondent. Admit. Mr. Karbhari, learned Advocate waives notice for respondent. To be taken up along with First Appeal No. 535/06. J. JUDGE. JUDGE.