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Bombay High CourtWP/5274/2020disposed offdismissed for default

Sagar Digambar Dhawale v. Vrushali Sagar Dhawale Alias Vrushali Chandrakant Dongre

2020-08-04Hon'Ble Shri Justice V.L. Achliya2 pages

5274.20WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 WRIT PETITION NO.5274 OF 2020 SAGAR DIGAMBAR DHAWALE

VERSUS

VRUSHALI SAGAR DHAWALE ALIAS VRUSHALI CHANDRAKANT DONGRE ...

Mr.Hemant Surve, Advocate for the petitioner. ...

CORAM : V.L.ACHLIYA,J.

DATE : 04.08.2020 ORAL ORDER :

By this Petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 04.03.2020 passed by the learned Judge, Family Court, Aurangabad. By virtue of the order passed, learned Judge, Family Court, Aurangabad has directed to issue fresh notice to the respondent and further directed the petitioner to send money order of Rs.1,000/- to the respondent to enable her to appear in the Court.

2.

In brief, it is the contention of the petitioner that once the summons is served, the Court was not justified to re-issue summons and pass order to pay Rs.1000/- through money order to the

5274.20WP.odt respondent to enable her to appear.

3.

On due consideration of submissions advanced in the light of challenge raised to order passed, I am of the view, the order passed call for no interference in exercise of writ jurisdiction under Article 227 of the Constitution of India. The order passed is legal, proper and well within the bounds of law. It suffers from no error in law, so as to call for interference in exercise of power of superintendence vested with this Court under Article 227 of the Constitution of India. In that view, the petition deserves to be dismissed. Accordingly, the Petition is dismissed with no order as to costs.

[V.L.ACHLIYA] JUDGE SGA