:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 950 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Shubhangi Chavan h/f. Mr.A.M.Saraogi for the petitioner. CORAM: S.C.DHARMADHIKARI, J. DATED: 12TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The only request made by Mr.A.M.Saraogi, learned counsel appearing for the petitioner is that merely because he was in personal difficulty and could to attend the court, the wife should not loose her valuable right of cross-examining the petitioner husband and other witnesses examined by him. 2. The matter was placed in the morning :2: :2: :2: session and Mr.Saraogi, states that he will appear on the date and time stipulated by this court for cross-examination of the petitioner husband and the witnesses, if any, examined by him. 3. The order under challenge has been perused by me and it appears that the court rejected an application for adjournment only because repeatedly such applications have been made and the matter was adjourned from time to time. From 22.8.2006, that is the date of the husband’s Affidavit-in-lieu of examination-in-chief, several chances were given to the wife to cross-examine the husband but these opportunities have not been availed of. Costs were imposed upon an assurance that the matter will be attended to. but even that has not been abided by the wife. 4. In the peculiar facts of this case, and when the wife before me loosing a valuable opportunity to cross-examine the husband, it is :3: :3: :3: directed that if the petitioner wife and her Advocate remains present before the concerned Judge, Family court, Mumbai, then, as and by way of last chance, the wife would be allowed to cross examine the petitioner-husband who has filed Petition No.A-92 of 2004 and A- 1350 of 2007. Accordingly, it is directed that the petitioner wife and her Advocate should remain present before the concerned Judge, Family Court, Mumbai on 21.2.2008 on which date the concerned Judge shall allow the Advocate for the wife to cross-examine the petitioner husband and thereafter proceed with the matter in accordance with law. In default, the right of the wife to cross examine the husband, stands forfeited and thereafter no application for adjournment on this ground shall be entertained nor shall the opportunity be furnished until the Trial concludes. Petition disposed off. *******