Mr. Anand Jayant Rayate v. Mrs. Neha Anand Rayate And ANR

18-WP-9546-2022.DOC Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2023.05.03 18:00:01 +0530 CIVIL APPELLATE JURISDICTION SHAMBHAVI NILESH SHIVGAN WRIT PETITION NO.9546 OF 2022 Anand Jayant Rayate

...Petitioner

Versus

Neha Anand Rayate & Anr

...Respondents

Mr Pritam Prakash Runwal, for the Petitioner. None for Respondent.

CORAM:

Neela Gokhale, J.

DATED:

2nd May 2023 PC:- 1.

Mr Pritam Runwal, learned counsel appears for the Petitioner-husband. None appears for the Respondent-wife. The Petitioner-husband has placed on record the proof of private service. It is taken on record and marked 'X' for Identification. Despite service the Respondent wife has consistently failed to appear and hence the petition is taken up for hearing in her absence. 2.

The limited prayer of the Petitioner-husband is that he seeks a direction to the learned Family Court, Pune to expedite the proceedings of the Petitions being PA No.236 of 2020 and PA No.91 of 2020. PA 236 of 2020 is a Petition for divorce filed by the Petitioner-husband and PA 91 of 2020 is filed by the Respondentwife seeking restitution of conjugal rights. The Petitioner has placed 2nd May 2023

18-WP-9546-2022.DOC on record the roznama in the Petitions pending before the learned Family Court, Pune. From the roznama, it appears that the matter has been adjourned for filing of the Written Statements of the Respondent-wife for a period of almost one year. The Petitionerhusband submits that even as on date, the status of the case shows that the matter has been adjourned repeatedly for past one year for filing by say of the Respondent-wife on the exhibits filed by the Petitioner-husband.

3.

Having perused the roznama of the proceedings before the Family Court, Pune, it appears that the matter has been pending for a long time. There are two minor daughters in custody of the Petitioner-husband. The Respondent-wife is not meeting daughters and daughters are suffering from trauma and are unable to move on. In the circumstances, the learned Family Court is requested to expedite the proceedings in PA Nos.236 of 2020 and 91 of 2020 and endeavour to dispose off the petitions, preferably within six months from the date of uploading this order 4.

The Writ Petition is, accordingly disposed of. (Neela Gokhale, J) 2nd May 2023