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Bombay High CourtWP/3166/2017others disposed off

Shweta Anil Marathe v. Anil Gokul Marathe And ANR

2018-08-23Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

WP3166_17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3166 OF 2017 (Shweta Anil Marathe Vs. Anil Gokul Marathe and another) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Dinesh P. Adsule for Petitioner.

CORAM : R. G. KETKAR, J.

DATE : 23RD AUGUST, 2018 P.C.:

Heard Mr. Adsule, learned Counsel for the petitioner.

2.

Mr. Adsule submitted that Petition No.E-57 of 2013 is filed by the respondent-wife under Section 125 of the Code of Criminal Procedure, 1973 for maintenance and Petition No.A-475 of 2014 is filed by the petitioner under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 and both the proceedings are clubbed together and are pending before the Family Court, Nashik. He submitted that on 04.03.2017, cross-examination was over and only one witness from the side of the respondent is to be examined and till date, the trial is not over. 3.

In view thereof, liberty is reserved to the petitioner to file application before the learned trial Judge for disposing of the proceedings in a time bound manner. 1/2

WP3166_17.doc While deciding that application, the learned trial Judge will keep in mind the case of the petitioner that the crossexamination is over on 04.03.2017 and only one witness from the side of the respondent is to be examined. Subject to this, Petition is disposed of.

4.

All parties, including the trial Court, to act upon the authenticated copy of this order.

(R. G. KETKAR, J.) Minal Parab 2/2