Sau Pratibha Radhakisan Asule v. Radhakisan Jagannath Asule

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8686 OF 2015 Sau. Pratibha Radhakisan Asule.

] ... Petitioner

Versus

Radhakisan Jagannath Asule.

] ... Respondent Mr. R. N. Gite for Petitioner.

Mr. P. K. Bohade for Respondent.

CORAM :- M. S. SONAK, J.

DATE :- SEPTEMBER 15, 2015 P. C. :- 1.

Not on board. Upon production, taken on board. 2.

Rule.

3.

With the consent of and at the request of learned Counsel for parties, Rule is made returnable forthwith. 4.

The challenge in this petition is to the order dated 01/08/2015, by which the Petitioner-wife was declined an adjournment when the matter was fixed for cross-examination of the Respondent-husband. The Petitioner, treats this order as a 'no-cross' order.

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The case of the Petitioner is that there was already an application for reference of the parties to mediation pending and that is the reason why adjournment was applied for. Although, the reason is not very convincing, yet another opportunity is required to be granted to the Petitioner.

6.

The Petitioner states that on the next date, the Petitioner will ensure to proceed with the cross-examination without any excuse. On the basis of this assurance, the impugned order is set aside. The matter is posted tomorrow before the Trial Court. The Trial Court is directed to fix yet another date for cross-examination of the Respondent-husband and on such date, the Petitioner to proceed with the cross-examination without any excuse.

7.

Rule is made absolute to the aforesaid extent. There shall be no order as to costs.

8.

All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.)

3 WP 8686-15.doc-P-15 CERTIFICATE Certified to be true and correct copy of the original signed Order.