1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.21 of 2008 With Civil Application No.46 of 2008 Mrs.Shobha Pandurang Chavan Appellant Vs. Mr.Pandurang Apparam Chavan Respondent Mr.Rakesh Agarwal for appellant. Mr.D.K.Pandey for respondent. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. August 12, 2008 P.C. . Having heard the learned counsel for the respective spouses who are also present in the Court, this appeal could be decided at the admission stage by remanding Petition No.A-1368 of 2006 for a fresh trial by the Family Court. . The parties were married on 7/5/1981 at Sangli. The couple has three children and all of them are major. The respondent - husband who works in a canteen run by the Army, approached the Family Court with the above stated petition praying for divorce on the ground of cruelty and by the impugned judgment and 2 order dated 2nd November 2007 the said petition has been allowed by the Family Court. The Family Court noted that the wife caused her appearance but subsequently did not take any steps to contest the petition and, therefore, whatever was stated by the husband in his petition as well as in his depositions went unchallenged and consequently the husband’s petition was required to be allowed. A certified true copy of the Roznama in Petition No.A-1368 of 2006 has been placed before us and it shows that on some dates the wife did not remain present though she had engaged an Advocate who did not take any steps to file Written Statement so as to oppose the divorce petition. We also perused the oral depositions of the husband as recorded by the Family Court. The learned counsel for the appellant - wife has also invited our attention to the petition which has purportedly set out the grounds for divorce and more particularly cruelty alleged against the wife. We are satisfied that it would be just and proper to quash the impugned order and remand the petition filed by the husband seeking divorce, for de novo trial by the Family Court. We have been assured by the learned counsel for the wife that her Written Statement will be filed within four weeks from today and both the parties will complete recording of 3 evidence within three months from filing of the Written Statement so that the petition on remand could be heard and decided within a period of six months from today. . Hence the impugned order is quashed and set aside. Petition NO.A-1368 of 2006 is restored and remanded for de novo trial by the Family Court. The appellant - wife shall file her Written Statement within four weeks from today and the petition will be heard and decided afresh within six months from today. . In view of the above, Civil Application No.46 of 2008 does not survive and the same stands disposed. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)