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The wife claimed that she was in a complete state of trauma and stress after her husband threatened to kill her and her daughter.
The Bombay High Court has recently refused to condone a delay of 28 years in an appeal filed by a woman against the order of the Family Court.
A division bench of the high court comprising Justice BP Colabawalla and Justice Somasekhar Sundaresan was hearing an application filed by a wife seeking to condone a delay on the ground that she was ignorant and did not have the money to appoint a lawyer to file an appeal against the order passed in 1994.
She also asserted that her divorce lawyer had not educated her about maintenance rights and the further course of action.
In her plea, the woman stated that the Mumbai Police could not locate her husband, and she traced him online only recently when she found out that he was a director in a US company.
The plea also stated that this had caused sheer injustice to the woman concerning the order of 1994, which does not have any maintenance or alimony allocated, nor any share in the property to her or her daughter.
Furthermore, she claimed that she had been staying on rental premises since the divorce decree and therefore was just surviving to make both ends meet.
The division bench noted that in May 2015 itself, the wife was very well aware of the whereabouts of the husband, as she had written a mail to him in May 2015.
Therefore, the court proceeded to dismiss the application to condone the delay and the appeal, observing that there was 'absolutely no explanation' for condoning such a huge delay
Case title: Maitreyee Shenoy vs KV Shenoy
Ms Dhruti Kapadia, Advocate for the Appellant/Applicant.
Mr. Girish Godbole, Sr. Advocate i/b. Ms Janhavi Dandekar a/w. Mr. Aditya A. Joshi h/f. Ketki Gadkari, Advocates for Respondent
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