Smt. Sonam W/O Rakshit Ramteke v. Rakshit S/O Siddharth Ramteke

91. WP 780 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.780/2021 Smt. Sonam w/o Rakshit Ramteke ...Versus...

Shri Rakshit s/o Siddharth Ramteke - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mrs. S.P. Giratkar, Advocate for petitioner Ms Asavari Kale, Advocate h/f Shri R.N. Deshpande, Advocate for respondent CORAM : AVINASH G. GHAROTE, J.

DATE : 09/01/2023 1.

The writ petition challenges the order dated 27/03/2019, whereby the application for setting aside the No Written Statement (No WS) order has been rejected and so also the order dated 12/02/2019, whereby the evidence of the petitioner/wife has been closed. The proceedings are said to be still pending before the learned Family Court. Since the entire defence has been prevented because of the impugned order and in my considered opinion as matters have to be decided on merits, an opportunity needs to be granted to the petitioner to participate in the proceedings, considering which, both the orders are hereby quashed and set aside. The petitioner is directed to file written statement as well as affidavit in lieu of

91. WP 780 of 2021.odt evidence on record by 23/01/2023. The respondent is directed to cross-examine her on 30/01/2023 and the learned Family Court is directed to decide the matter on or before 28/02/2023. 2.

The writ petition is partly allowed and disposed of accordingly. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR