Sumit S/O. Narayanprasad Fogla v. Shradha Ex-Wife Of Sumit Fogla, Shradha D/O Hanuman Sigtia

(1) 4wp2158.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2158/2025 Dr. Sumit Narayanprasad Fogla .Vs. Dr. Shradha Sumit Fogla (Shradha d/o Hanuman Sigtia) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Anish Gahlod, Advocate for petitioner.

CORAM :

ANIL L. PANSARE, J.

DATE :

JULY 10, 2025 On 28.04.2025, following order was passed:

Heard.

By the impugned order, the petitioner - husband was directed to provide social security card number of his daughter Shreeya Fogla.

The difficulty put forth by the petitioner before the Family Court was that he does not have entire number of social security card but has only last four digits of the card, which reads as "9013". Despite such stand taken, the Family Court directed the petitioner to furnish entire number.

In addition to above, learned counsel for the petitioner submits that his daughter is 18 years old and according to United State's Department of State, there is a procedure by which once the person becomes major, he/she can independently and on-line apply for social security card number. That being so, the entire action is within the domain of respondent and her daughter and no burden should have been shifted on the petitioner.

Another plea taken by the petitioner before the Family Court was due to flood at his house where he was residing earlier, many documents including social security card issued in the name of daughter were lost and that was the reason why he could not provide entire social security card number.

Despite such stand, the Family Court directed the petitioner to provide entire card number and has not struck off the defence for having not complied with the said order.

Issue notice, returnable on 10-6-2025.

(2) 4wp2158.25 In the meantime, there shall be stay to the proceedings viz. Petition B. No. 5/2015 pending before the Family Court, Akola.

The petitioner shall comply with the practice note no. 14 of the Bombay High Court Appellate Side Rules, 1960; particularly Clause (5) thereof." 2.

As could be seen, the petitioner put forth certain difficulty to provide Social Security Card number of his daughter Shreeya Fogla. These difficulties have been not properly considered by the Family Court and has struck off the defence for having not complied with said order.

3.

None appeared for the respondent though served and, therefore, there is no counter to the facts pleaded by the petitioner. That being so, the Family Court should reconsider the direction issued to the petitioner to provide Social Security Card number in the light of the difficulties put forth by the petitioner. 4.

In view of above, the Writ Petition is partly allowed. Order dated 25.02.2025 passed by Family Court, Akola, below Exh.-80 in Petition No.B/5/2015 is quashed and set aside. Application Exh.-80 is restored to the file of Family Court, Akola for consideration afresh, in accordance with law and in the light of what has been stated in the order.

Parties shall appear before the Family Court on the scheduled date and proceed with the matter.

The writ petition is disposed of in the above terms. No order as to costs.

(Anil L. Pansare, J.) Kahale