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Bombay High CourtWP/6603/2025allowed

Anilkumar Mahadev Chaware v. Smt. Sunita W/O Ghanshyam Daware, Alias Smt. Sunita W/O Anilkumar Chaware

2025-10-28Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 / 2 10.wp6603.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6603 OF 2025 Anilkumar Mahadev Chaware Vs.

Smt. Sunita w/o Ghanshyam Daware ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mr. G.C. Khond, Advocate for petitioner.

CORAM : RAJNISH R. VYAS, J.

DATE : 28.10.2025 Heard the learned counsel for petitioner.

2.

The petitioner is the husband of respondent/wife. According to him, an application for grant of permission to recall was preferred by the respondent/wife, when the matter was fixed for judgment. 3.

According to him, application was allowed by the learned Family Court without considering the mandate of Order XVIII Rule 17 of the Code of Civil Procedure in proper manner. Hence, issue notice to the respondent, returnable on 11.11.2025.

4.

Petitioner is permitted to serve respondent by private mode, in addition to regular mode of service and Prity

2 / 2 10.wp6603.2025 file an affidavit by next date, failing which the petitioner shall deposit costs of Rupees Five Hundred with High Court Gazetted Officers' Association, Nagpur. 5.

Objection(s), if any, shall be removed before next date.

6.

In the meantime, there shall be stay to the order dated 14.10.2025 passed by the learned Family Court No.5, Nagpur. If the respondent is not served till next date, the interim relief granted will be automatically vacated.

(Rajnish R. Vyas, J.) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 28/10/2025 15:41:59 Prity