1 wp 9857-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.9857 of 2010 Deepika Alok Sethia .. Petitioner v/s. Alok C. Sethia ..Respondent Ms.Usha Amdewar for the Petitioner . Mr.Uday Warunjikar for the Respondent. CORAM : R.Y.GANOO, J. DATED : 18th March, 2011 P.C. : 1. Heard learned Counsels on both sides. The respondent herein has filed M.J. Petition No. A-503 of 2005. The petition is pending for a long time. Certain litigation as regards maintenance application filed by the petitioner wife is also pending. The parties have approached this Court on some ground or other on three occasions. This is the fourth occasion where the parties are before the Court. The respondent herein had filed application for amendment and the said application has been granted by the learned Judge of the Family Court by passing the order dated 8.10.2010 below Exhibit 41. The 2 wp 9857-10.sxw petitioner herein is aggrieved by the said order and hence this petition is filed. 2. I have heard learned Counsels on both sides. I have perused the text of the schedule which is sought to be brought in on account of the amendment. 3. Learned Counsel for the petitioner contended that the case is at the stage of recording of evidence and therefore the amendment should not have been granted. On a minute enquiry it is learnt that the examination in chief of the respondent is over and the respondent is yet to answer the questions in cross examination. 4. Having gone through the text of the amendment it is noticed that certain facts remained to be disclosed in the petition and that is how they are sought to be brought on record. There are some references to the financial sufferings of the respondent and that is how it appears that the respondent wants to place all facts which are within his knowledge before the Court, so that the Court can resolve the dispute between the parties. In my view, the learned Judge of the Family 3 wp 9857-10.sxw Court has looked into the papers in its proper perspective and has applied her mind properly to grant the amendment. There is no need to interfere in the order granting amendment. Infact, I am told across the bar by learned Counsel Mr. Warunjikar that the amendment has been carried out and it is now the turn of the present petitioner to file the additional written statement. Surely the petitioner must get a chance to file additional written statement and deal with the petition as it stands after amendment. 5. The petitioner to get reasonable time of about four weeks. Hence following order is passed to dispose of the petitioner at stage of admission itself. ORDER i. No interference is required in the impugned order dated 8.10.2010. ii) I am told that the petition is posted for further hearing on 25.3.2011. The petitioner herein is granted four weeks time from today to file the additional written statement. In view of that, on 4 wp 9857-10.sxw 25.3.2011 the learned Judge of the Family Court will adjourned the matter to a suitable date and on that date the petitioner shall tender the additional written statement. Iii) After the additional written statement is filed, if necessary, the learned Judge of the Family Court may have to recast the issues and that can be done without their being formal application for recasting the issues. Ofcourse, he will hear both the learned Advocates before recasting the issue. iv) Petition is disposed of in above terms with no order as to costs. [R.Y.GANOO, J.]