Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.1531 of 2008 Nikita Rajesh Chitnis ...Petitioner V/s. Rajesh Moreshwar Chitnis ...Respondent Mr.V.S.Khanavkar & K.B.Dighe for the Petitioner Mr.Sachin Chavan for the Respondent CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 9th April, 2008 : 9th April, 2008 : 9th April, 2008 P.C. Heard the Learned Counsel for the respective parties. 2. The spouses have been living separately from 14-8-2004 and on 13-11-2007 the spouses have jointly filed Marriage Petition No. 603/2007 for the decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. As per the requirements of sub-section 2 of Section 13B of the said Act, the said petition will be taken up for orders so as to grant a decree of divorce only in the month of June 2008 and, therefore, they filed a joint application sometimes in February 2008 praying before the Court below to reduce the waiting period of 6 months and to grant the decree of divorce immediately. This application has been rejected by the Court below on 26-2-2008 and hence this 2 petition. 3. The Petitioner wife states that she is likely to be posted by her employer at its office in Dubai and she would not be able to return atleast for a period of two years after she joins in Dubai. Consequently, when the petition is likely to be taken up in June 2008 for granting the decree of divorce, she would not be able to remain present. Admittedly Mr. V.S.Khanavkar and Mr. K.B.Dighe are appearing for the Petitioner wife as her advocates before the Family Court as well and the Learned Counsel for the Respondent husband states that the husband would have no objection even if the Petitioner wife does not remain present before the Family Court as and when the divorce petition is taken up for necessary orders by the Family Court. 4. Hence, the Petitioner’s presence before the Family Court in Marriage Petition No. 603/2007 is hereby dispensed with when the said petition is taken up for granting the decree of divorce in June 2008 and it is further directed that the said petition be decided preferably by 30th June, 2008. 3 5. The Petition is disposed off in terms of the above order. 6. Writ to go to the Family Court forthwith. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]