1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4777 OF 2009 Alok C Sethia .. Petitioner Vs Deepika Alok Sethia .. Respondent Mr. U.P.Warunjikar, Advocate for the petitioner. Ms Smita Gaidhani, for the respondent CORAM : D.B.BHOSALE, J. DATE : 05/12/2009 PC: 1. Heard learned counsel for the parties. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent of the learned counsel for the parties, the petition is taken up for hearing and final disposal at the admission stage itself. 2. This petition is directed against the order dated 2.7.2007 passed by the Family Court on the application at Exhibit-31, by which the application filed by the petitioner seeking withdrawal of the main petition, bearing no. A-503 of 2005, has been allowed and his prayer seeking liberty to file fresh petition has been rejected. As a result of this order, all doors of the T 2 petitioner have been shut and, in view thereof, suggestions made by the court were accepted by the learned counsel for the parties, and in view thereof I am not recording detail reasons for disposing of this petition. Hence, the following order. (i) The order dated 2.7.2007, impugned in the present petition, is set aside. (ii)The application at Exhibit-31 filed by the petitioner in Petition No.A-503 of 2005 stands rejected. Petition No. A-503 of 2005 filed by the petitioner for divorce is restored to file. The Family Court shall proceed to hear the petition from the stage at which the impugned order was passed. (iii)It is open to the petitioner to file application seeking amendment of the pleadings and also to place additional document on record within a period of four weeks from today. If such an application is filed by the petitioner, the Family Court shall pass appropriate orders after giving an opportunity of being heard to the respondent-wife as expeditiously as possible and preferably within a period of four weeks from the date of filing of the application. It is needless to state that the Family Court shall proceed to hear the main petition only after disposal of the application filed by the petitioner for amendment. With these observations, rule is made absolute subject to 3 payment of costs of Rs.5000/-to the respondent within a period of four weeks from today. (iv)It is made clear that if the petitioner fails to file application as aforementioned, within the time stipulated, the Family Court shall proceed to hear the main petition and dispose it of on merits. With these observations, the writ petition is disposed of. (D. B. Bhosale, J.)