1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7892 OF 2008 Shobha Pandurang Chavan ... Petitioner v/s Pandurang Appram Chavan ... Respondent Mr.G.R.Hegde for the petitioner. Ms.Vidhya A. Mangavde for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 6TH JULY, 2009 P.C.: 1. The petitioner has filed the present proceedings against the order passed by the Trial Court on 3.10.2008 by which the petitioner’s application for taking on record her written statement has been rejected. 2. On 12.8.2008, the Division Bench of this Court, in Family Court Appeal No.21 of 2008, set aside the 2 judgment and order of the Family Court, by which the respondent was granted the divorce ex-parte. The marriage petition was remanded for the de novo trial by the Family Court. The petitioner herein was directed to file her written statement within four weeks from the date of the order. It appears that the writ of this Court was received by the Family Court on 18.9.2008 and was produced on 19.9.2008. The petitioner contends that in these circumstances the matter was listed for the first time after the remand only after 19.9.2008 when her written statement was not accepted by the Family Court since the Division Bench of this Court had directed that it should be filed within four weeks i.e. by 9.9.2008. 3. Since the writ itself had not been received by the Family Court on 9.9.2008, in my opinion, the delay in filing the written statement can be condoned subject to payment of costs. 4. Accordingly, the order dated 3.10.2008 is set aside. 5. The parties have informed this Court that the 3 M.J. Petition No.A-1368/2006 is listed for hearing before the Family Court on 8.7.2009. The petitioner shall file her written statement on that day subject to payment of costs of Rs.2000/- to the respondent. 6. Writ petition disposed of accordingly. 7. The other directions given by the Division Bench in respect of leading of evidence and the disposal of the matter will continue from the date of filing of the written statement. The Trial Court to act on the authenticated copy of this order. ..... 4