Mrs. Heena Rathor Chowhan Through Poa v. Mr. Aman Chowhan

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.461 OF 2019 Mrs. Heena Rathor Chowhan Through POA Mr. Babulal Rathor (father) ... Petitioner Vs.

Mr. Aman Chowhan ... Respondent Ms. Purvi Shah for the Petitioner.

Mr. Pradip Chavan a/w Ms. Trupti Chavan i/b. Mr. Balwant V. Salunkhe for the Respondent.

CORAM: SMT. SADHANA S. JADHAV, J DATE : 20th SEPTEMBER 2019.

P.C. :

1.

Heard the respective parties. The affidavit of evidence was filed by the petitioner through the Power of Attorney. The same was not permissible in law and therefore, the Family Court has passed an order that admittedly there is no examination in chief of the applicant on record and therefore, there is no question of recording cross-examination through video conferencing.

At this juncture, the learned counsel for the petitioner submits that she would get the affidavit of examination-in-chief attested by the petitioner at Singapore. Attestation be done by appropriate

2 wp-461.19.doc authority. Affidavit of examination-in-chief shall be filed by 11th October 2019. Thereafter, the petitioner may be permitted to subject herself for cross-examination through video conferencing. The learned counsel for the respondent has vehemently submitted that in fact the present petition is of the year 2015 and 2017, the matter has been expedited by the High Court and therefore, time frame shall be given. In a matrimonial case, since it would not be possible to give a time frame, this Court would reiterate that the matter be expedited and the proceedings be concluded as far as possible by 31st December 2019.

In view of this, the petition stands disposed of. Rule is made absolute in above terms by setting aside the order dated 2nd January 2019.

(SMT. SADHANA S. JADHAV, J)