Mrs. Anshika Atin Rastogi @ Miss Anshika Niraj Rastogi v. Mr. Atin Krishan Jeevan Rastogi

7.wp.8292.2019.odt dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by DHANAPPA ERAPPA KOSHTI Date:

2021.08.27 18:33:52 +0530 DHANAPPA ERAPPA KOSHTI WRIT PETITION NO. 8292 OF 2019 Mrs Anshika Atin Rastogi ... Petitioner Vs Mr. Atin Krishan Jeevan Rastogi ... Respondent Mr.Anil R. Mishra i/b Mr. Mukesh Pandey for the Petitioner Mr. Mehul Shah for the Respondent.

CORAM : N. J. JAMADAR, J.

DATE : 27 th AUGUST, 2021 P.C. :

1.

Heard learned counsel for parties.

2.

Having regard to the nature of the amendment, which has been allowed by the learned Judge, by the impugned order dated 3rd April, 2019, the learned counsel for the petitioner restricts the prayer in the petition for directions for expeditious hearing and disposal of Marriage Petition No. 424 of 2015. 3.

Learned counsel for the respondent-husband submits that the respondent is not averse to the expeditious hearing and disposal of the Marriage Petition.

4.

In the light of the aforesaid submissions and having regard to the fact that the petitioner seeks a decree of nullity of marriage, it would be expedient in the interest of justice to order

7.wp.8292.2019.odt expeditious hearing and disposal of the Marriage Petition No.424 of 2015. Hence, the following order.

O R D E R

a) The Writ Petition stands disposed of with a request to the Learned Civil Judge, Senior Division, Thane on whose fle Marriage Petition No. 424 of 2015 is pending, to decide the same as expeditiously as possible and preferably within a period of nine months from the date on which the issues shall be settled. (b) Both parties shall appear before Civil Judge, Sr. Dn., Thane for settlement of issues on 13th September, 2021. (c) Learned Civil Judge, Sr.Dn., Thane shall be at liberty to give directions to the parties as regards the time for leading evidence.

(d) Parties shall co-operate with the learned Civil Judge, S.D., Thane and shall not take adjournments, save in exceptionally unavoidable circumstances.

(e) Writ Petition is disposed of accordingly.

(f) Interim order stands vacated.

( N. J. JAMADAR , J. )