1 fca11.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FAMILY COURT APPEAL NO. 11 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri C.V. Dharurkar holding for Shri R.V. Gore, Advocate for appellant. Shri N.L. Gaikwad, Advocate for respondent. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 8th July, 2011. . The order impugned in the present Appeal has been passed by the Family Court, Aurangabad on 5th August, 2010. By this order, the Petition filed by the husband i.e. respondent herein for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, has been allowed. 2. Aggrieved by the said decision, the appellant has preferred the present appeal. According to the appellant, she was not served the notice of the Petition. She has stated that she was never married to the respondent. According to her, the packet bearing the name "Alka Prabhakar Borde" was sent to her when in fact her name 2 fca11.11 is "Alka Bhimrao Dandge". In these circumstances, she did not accept the packet, and therefore, was not served with the Petition. 3. In our opinion, rather than entering in to controversy as to whether, the appellant was in fact married to the respondent, it would be appropriate to remand the matter to the Family Court to decide the Petition, afresh. 4. The impugned order is set aside. The parties shall appear before the Family Court on 1st August, 2011. The Family Court shall decide the Petition, as expeditiously as possible. The Family Court shall accept the Written Statement of the appellant. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/fca11.11