IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5017 OF 2008 WRIT PETITION NO. 5017 OF 2008 WRIT PETITION NO. 5017 OF 2008 Mrs.Hiral Ajinkya Bhave. ... Petitioner. V/s. Ajinkya Yeshwant Bhave. ... Respondent. Mahesh Jethmalani, senior counsel with Mrs.Edith Dey for the petitioner. Ms.Majula Rao i/b. M.K.Ambalal & Co. for the respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 26th September 2008. DATED: 26th September 2008. DATED: 26th September 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard. . Perused petition. 2. Rule, returnable forthwith. Heard by consent of parties. 3. This petition, filed under Article 227 of the Constitution of India, is directed against the order dated 19th June, 2008 with a prayer for transfer of petitions under section 24 of the Code of Civil Procedure, 1908 ("C.P.C." for short) with further prayer to reframe issues. 4. Having heard both parties in more than three sittings and looking to the consensus between them, petition is being disposed of in terms of the following order: (a) That M.J.Petition No.A-1854/2007 shall be tried along with M.J.Petition No.C-125/2006. (b) The issues in M.J.Petition No.A-1854/2007 shall be as under: (i) Whether the petitioner- husband is entitled to a decree of divorce on the ground of cruelty pleaded in the divorce petition? (ii) If yes, whether respondent-wife is entitled to permanent alimony? (iii) If yes, in what sum? (c) The issues in M.J.Petition No.C-125/2007 shall be as under: (i) Whether the petitioner- wife is entitled to live separately from the husband without forfeiting her right to claim maintenance? (ii) If yes, what should be the quantum of maintenance? (d) Both parties shall be entitled to file affidavits by way of evidence in the nature of examination-in-chief including that of their - 3 - witnesses, if any, and shall be entitled to exercise right to cross-examine the respective affiants. (e) In Petition No.C-125/2006, the petitioner- wife shall file her affidavit of evidence on or before 20th October, 2008 with copy to the respondent and make herself available for cross-examination with effect from 21st October, 2008 onwards. The respondent- husband shall complete the cross-examination with expeditious despatch. Immediately thereafter, the respondent- husband shall file his affidavit of evidence and make himself available for cross-examination with effect from 5th January 2009 onwards. The wife shall complete cross-examination of the husband with expeditious despatch. (f) In Petition No.A-1854/2007, the petitioner- husband shall file his affidavit of evidence by 6th January, 2009 and with expiry of four days thereafter, the respondent- wife shall commence her cross- examination which should also be completed - 4 - with expeditious despatch. Immediately thereafter, respondent- wife shall file her affidavit of evidence and make herself available for cross-examination. (g) Needless to mention that both parties shall be entitled to examine any other witness or witnesses either by producing them in person for recording examination-in-chief or by filing their affidavits as the case may be. (h) The Family Court is directed to record evidence in post-lunch session on day to day basis without granting unnecessary adjournments to either of the parties. (i) Needless to mention that both parties shall co-operate with the Court in expeditious disposal of the petitions. 5. Impugned order shall stand modified accordingly. No case is made out to invoke power under section 24 of C.P.C. The petition accordingly stands disposed of in terms of this order with no order as to costs. - 5 - (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)