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Bombay High CourtWP/8958/2014rule made absolute

Mrs. Laxmi Ashok Yadav v. Mr. Ashok Ramnayak Yadav

2015-02-24Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

1 / 2 WP/8958/2014 Tapadia RR/B. (i)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8958 OF 2014 Mrs. Laxmi Ashok Yadav Petitioner Vs Mr. Ashok Ramnayak Yadav .. Respondent Ms.Monika Kshirsagar i/b Mr S.D.Patil , Advocate for Petitioner. Mr. Manoj J.Bhatt, Advocate for Respondent.

CORAM : R.G.KETKAR,J.

DATE : 24/02/2015 PC:

1.

Heard Mr. Sandesh Patil and Ms Monika Kshirsagar, learned counsel for the petitioner and Mr. Manoj Bhatt, learned counsel for the respondent.

2.

Rule. Mr. Bhatt waives service for the respondent. At the request and by consent of the parties, Rule is made returnable forthwith and the Petition is taken up for final hearing. 3.

By this Petition under Article 227 of the Constitution of India, the petitioner-wife has challenged the order dated 9.6.2014 passed by the learned Principal Judge, Family Court, Thane below Exh.56 in Petition No.A-58 of 2010. By that order, the Family Court passed order of closing cross-examination of the respondent's witness.

4.

Learned counsel appearing for the parties state that the next date of hearing before the Family Court is 3.3.2015. Mr.

2 / 2 WP/8958/2014 Bhatt assures that he will keep his witness present on that date for cross examination by the Petitioner's Advocate. Mr. Patil assures that cross examination of the said witness will be completed on 3.3.2015 itself. Assurances given by the learned counsel for the parties are recorded. In view thereof, the impugned order of closing cross examination of respondent's witness is set aside and the petitioner will be permitted to cross examine the respondent's witness on 3.3.2015. The petitioner will ensure that the cross examination of the said witness is completed on that date.

5.

Liberty is reserved to the parties to apply for expeditious disposal of the petition. If such application is made, the Family Court is expected to decide the application on its own merit and in accordance with law.

6.

Rule is made absolute in the aforesaid terms with no order as to costs.

(R.G.KETKAR, J.)