1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1056 OF 2010 Mrs. Sumedha Satyen Padhye. .. Petitioner Vs Mr. Satyen Makrand Padhye, Through C.A. Mrs. Madhuvanti Makrand Padhye. .. Respondent -- Shri Sanjeev J. Rairkar for the Petitioner. Ms Manjiri S. Parasnis for the Respondent. -- CORAM : A.S.OKA, J. DATE : 18TH FEBRUARY, 2010 P.C: . Considering the narrow controversy involved in this Petition, the same is taken up for final disposal. 2. The challenge in this Writ Petition filed by the Petitioner/Wife is to orders passed by the learned Judge of the Family Court on 3rd December, 2009 and 27th January, 2010. The Respondent has filed a Petition seeking decree of divorce under Section 13(1)((ia) of the Hindu Marriage Act, 1955. 3. The Respondent-husband has adduced evidence. The evidence was closed and a pursis of closure of evidence was filed on 6th October, 2009. The Respondent made an application on 3rd December, 2009 at Exhibit 166 before the learned Judge of the Family Court praying 2 that ‘no evidence order’ be passed against the Petitioner. By an order passed on the same day, the said application was allowed by the learned Trial Judge on the ground that the hearing of the Petition was expedited. By the said order, the Family Court proceeded to close the evidence of the Petitioner and posted the divorce petition for arguments. Thereafter, an application was made at Exhibit-172 by the Petitioner for setting aside the order dated 3rd December, 2009. By an order dated 27th January, 2010, the said application has been rejected. These are the two orders challenged in the Writ Petition. 4. The learned counsel appearing for the Petitioner on instructions of the Petitioner who is personally present in the Court states that the Petitioner desires to examine herself and 2 to 3 more witnesses. On instructions, he states that if the Petitioner is permitted to lead evidence, she does not desire to apply for transfer of the pending divorce petition. The learned counsel submitted that an opportunity be granted to the Petitioner to adduce evidence. The learned counsel appearing for the Respondent pointed out that the hearing of the Petition has been expedited. She has invited my attention to the observations made by the Trial Court in the impugned orders and in particular the impugned order dated 27th January, 2010. She submitted that considering the conduct of the Petitioner, no case is made out for showing indulgence to the Petitioner. 5. I have given careful consideration to the submissions. The 3 Petitioner is facing a petition for divorce filed by the Respondent-husband in which there are several allegations made against her. It is true that there appears to be some default on the part of the Petitioner while contesting the divorce petition. But considering the nature of the serious allegations made in the Petition filed by the Respondent-husband, an opportunity deserves to be granted to the Petitioner to adduce the evidence. To avoid any prejudice to the Respondent, a time bound schedule will have to be fixed for disposal of a petition as the same is pending since the year 2006. It is expected that the Petitioner will co-operate for early disposal of the main petition. 6. Hence, the Petition is disposed of by passing the following order. (a) The impugned orders dated 3rd December, 2009 and 27th January, 2010 are quashed and set aside. (b) The Application at Exhibit-166 stands dismissed. (c) The Application at Exhibit – 172 is hereby allowed. (d) It is made clear that the Petitioner will be entitled to examine herself and maximum 3 witnesses. 4 (e) The Petitioner shall co-operate with the Trial Court for expeditious disposal of the divorce Petition and will not seek adjournments on unreasonable grounds. (f) The statement made by the Petitioner through her Counsel that she does not intend to apply for transfer of the divorce Petition is accepted. (g) The Petition shall be disposed of as expeditiously as possible and preferably on or before 31st July, 2010. (h) The Writ Petition is allowed in above terms. (A.S.OKA, J) ash