Rafat Anjum Alias Bhuri Armankhan v. Anish Akbar Merchant

WP 6703.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 WRIT PETITION NO.6703 OF 2022 RAFAT ANJUM ALIAS BHURI ARMANKHAN

VERSUS

ANISH AKBAR MERCHANT ...

Advocate for Petitioner : Ms. Manjushri V. Narwade Advocate for Respondents : Ms. Dhanani Firoza H. ...

CORAM : SANDEEP V. MARNE, J.

Dated: November 25, 2022 ...

PER COURT :- 1.

By this petition, petitioner assails the judgment and order dated 3.6.2022 passed by the Judge, Family Court, Jalgaon by which petition No.D-01 of 2022 fled by respondent/husband seeking custody of minor son has been allowed.

2.

The petition has been decided by the Family Court, Jalgaon ex-parte due to absence of petitioner/wife. In the petition fled by her, a vague justifcation is given for non-appearance before the family Court stating as under :- "2. Petitioner say and submits that, after fling of this petition Ld. Family Court issued summons to petitioner but due to some unavoidable circumstances, she could not aaa/-

WP 6703.22.odt appear and contest the petition on merit. Therefore, Ld. Family Court decided the petition ex-parte against the petitioner."

3.

Ordinarily, such vague justifcation cannot be accepted, however, only because of the fact that age of the child is three years and that petitioner is mother, it is necessary in the interest of justice that petitioner is heard in the proceedings related to custody of child. 4.

Accordingly, the order passed by the Family Court, Jalgaon on 3.6.2022 in Petition no.D-01/2022 is set aside and the petition is restored on the fle of the Judge, Family Court, Jalgaon.

5.

Parties to appear before the Family Court on 12.12.2022. Petitioner to fle reply to the petition before the Family Court on 12.12.2022 and shall not seek any further adjournment. Petitioner shall co-operate with the Family Court, Jalgaon for expeditious disposal of the petition without seeking unnecessary adjournments. With the above directions, the writ petition is disposed off.

( SANDEEP V. MARNE, J. ) ...

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