Kavita Dnyaneshwar Pawar v. Dnyaneshwar Tukaram Pawar

CA6437.2019 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6437 OF 2019 IN MISC. CIVIL APPLICATION NO. 217 OF 2018 Kavita Dnyaneshwar Pawar .... Applicant

Versus

Dnyaneshwar Tukaram Pawar .... Respondent .....

Mr. M. K. Gawai, Advocate for the applicant None appears for respondent .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 19TH SEPTEMBER, 2019 PER COURT:- 1.

By this application, the applicant-wife prays for restoration of Misc. Civil Application No. 217 of 2018, which was dismissed on account of steps having not been taken to serve the respondent-husband.

2.

In this civil application, the respondent has been served by paper publication pursuant to the order of this court. No appearance has been entered either in person or through an advocate. The name of the respondent was pronounced in the open court by the Court Sheristedar and nobody came forward.

CA6437.2019 -23.

In view of the above, the civil application is allowed and Misc. Civil Application No. 217/2018 is restored at the same stage at which it was dismissed.

4.

Learned advocate for the applicant submits that, a fresh notice can be issued in the Misc. Civil Application and he would have the notice published in Marathi Newspaper 'Dainik Punyanagari', Pune Edition, to serve the respondent.

5.

In view of the above, issue notice in the Misc. Civil Application No. 217 of 2018, to the respondent, returnable on 18.10.2019. The applicant shall have the notice published in Marathi Newspaper 'Dainik Punyanagari', Pune Edition, at least 15 days prior to the returnable date and shall produce a copy of the newspaper on record.

6.

The ad-interim relief granted earlier in MCA No. 217/2018, shall continue.

[ RAVINDRA V. GHUGE ] JUDGE psg