Rakesh Mulchand Kothari v. Mrs. Sonu Rakesh Kothari And ANR

(14) WP-9263-19.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2020.01.18 16:57:39 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9263 OF 2019 Rakesh Mulchand Kothari ..... Petitioner.

V/s Mrs Sonu Rakesh Kothari and Anr.

..... Respondents.

Mr. Ram Mani Upadhyay for the Petitoner.

CORAM: NITIN W. SAMBRE, J.

DATE: JANUARY 17, 2020 P.C.:- 1] The order impugned is dated 23/1/2019. Petitioner-husband is directed to serve Respondent-wife afresh.

2] The contentions are, order impugned is contrary to record, as based on bailiff'

s report dated 9/5/18, matter was to be proceeded ex parte against Respondent-wife. My attention is invited to the acknowledgment given by father of Respondent-wife about receipt of court's notice.

3] In my opinion, learned Family Court has rightly passed the impugned order calling upon Petitioner-husband to serve Respondent1/2

(14) WP-9263-19.doc wife afresh as on the earlier occasion when the Family Court ordered notice to Respondent-wife, same claimed to have been served on father of Respondent-wife. Respondent-wife is major by age. That being so, Family Court was right in concluding that there was no sufficient service on Respondent-wife.

4] In the aforesaid backdrop, no case for interference in extraordinary jurisdiction is made out. Petition fails and the same stands dismissed.

( NITIN W. SAMBRE, J. ) 2/2