(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Heard learned counsel for the parties. Applicant, husband of the opponent, has filed this civil application seeking condonation of delay of 127 days in filing the first appeal.
2. Counsel for the applicant submitted that inadvertently, previously, the applicant had filed Special Civil Application challenging the impugned order of the Family Court. Such petition, as emerges from the record, was withdrawn, to file appropriate proceedings. Thereafter, present First Appeal came to be filed.
3. Opponent wife opposed the delay condonation application. She has filed an affidavit. Her counsel submitted that the husband is not complying with the direction of the Family Court, under which wife has been granted visitation right of the children who are in custody of the father. She pointed out that in order dated 20.8.2011, Family Court provided that the mother shall have a right of visitation to meet and see her minor children once in a week on any working day during working hours at any time convenient to the opponent and children in Court premises. Opponent, i.e. husband, was directed to submit in writing the day and time convenient to him and his children on which he would bring children in Court premises during working hours once every week. It is further provided that if the opponent failed to comply with such direction, further necessary order for fixing the day and time for such purpose would be passed.
4. Though it is a grievance of the wife that the husband has not given any such writing before the Family Court, counsel for the husband submitted that the husband has agreed to bring the children before the Family Court every Friday between 5.00 to 6.00 p.m. so that the mother could meet them.
5. While allowing this delay condonation aplication, we are of the opinion that the husband cannot avoid to carry out the directions issued by the Family Court. In any case, the applicant has not put forth any such case before us. His counsel, in fact, agreed that the husband would abide by such directions.
6. We, therefore, find sufficient grounds for condoning the delay as conveyed to us. We confirm that the husband shall bring the children before the Family Court every Friday between 5.00 to 6.00 p.m. when the opponent wife would have right to meet them.
7. With the above directions, Civil Application is allowed and disposed of. Delay is condoned. Rule is made absolute accordingly.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top