Mr. Devang Mahendra Shah v. Mrs. Sheetal Devang Shah

1 905.10639.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 10639 OF 2019 WITH INTERIM APPLICATION NO. 1 OF 2019 IN WRIT PETITION NO. 10639 OF 2019 WITH REVIEW PETITION (ST) NO. 30397 OF 2019 IN INTERIM APPLICATION NO. 1 OF 2019 IN WRIT PETITION NO. 10639 OF 2019 Mr. Devang Mahendra Shah .....Petitioner V/s.

Mrs. Sheetal Devang Shah .....Respondent Mrs. Taubon F. Irani a/w Lubna Ansari a/w Sachi Lodha Mrs. Sheetal Devang Shah respondent in person present. CORAM :

NITIN W. SAMBRE, J.

DATE :

DECEMBER 18, 2019.

P.C.

The compilation tendered by the learned counsel for the petitioner taken on record, copy of which is served on the

2 905.10639.19 wp.doc respondent-party in person. In the compilation, this Court could notice the orders passed in Suit (L) No. 1385 of 2018 Mahendra Shah and Anr. Vs. Devang Mahendra Shah and Anr in which, the very conduct of the respondent to insist for appearing in person was refused.

During the course of hearing of Writ Petition No. 10639 of 2019, party in person i.e. respondent-wife is unable to maintain decorum in the Court. The mode and manner of presenting the arguments is really disturbing the Court proceedings. Today, this Court dismissed the Writ Petition preferred by husband. Inspite of dismissal of the petition, respondent-wife insisted for hearing of the matter which procedure is unknown to the law. When this Court tried to explain her that she being a respondent, need not to argue the matter as the petition is already dismissed, still she insisted hearing in the dismissed petition wherein she is appearing as party in person.

3 905.10639.19 wp.doc During the course of hearing of this petition also, respondentwife has tried to put certain conditions on this Court in the matter of hearing. When this Court tried to explain her the procedure to be adopted during the course of hearing, she is not willing to understand the same.

In view of above, permission granted by the Registry to respondent-wife to appear in person stood withdrawn. Considering the urgency as claimed by the respondent, when this Court was about to post this matter tomorrow so as to enable the respondent to engage lawyer, respondent submits that she is not in fnancial position to engage a lawyer and would like to take appropriate steps in the matter.

In the aforesaid background, matter is adjourned to 06/01/2020.

After the order is passed, respondent-wife started crying in the

4 905.10639.19 wp.doc Court and further submits that matter be taken up at 3.00 p.m. by which time she will get appropriate orders against this Court about hearing of the matter.

Parties to act on authenticated copy of this order. [NITIN W. SAMBRE, J.]