IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 5344 OF 2008 WRIT PETITION NO. 5344 OF 2008 WRIT PETITION NO. 5344 OF 2008 Ravishankar Sharma. ... Petitioner. V/s. Mrs.Varsha Ajay Sharma. ... Respondent. R.A.Thorat with P.J.Thorat for the petitioner. A.M.Kulkarni for respondent No.1. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 11th August 2008. DATED: 11th August 2008. DATED: 11th August 2008. P.C.: P.C.: P.C.: ---- ---- ---- . On the motion made by learned counsel for the petitioner, leave to delete respondent No.2 from the array of parties is granted. Amendment to be carried out forthwith. 2. Heard. 3. Perused petition and record together with impugned order. 4. Rule, returnable forthwith. By consent of parties petition is heard finally. 5. This petition is directed against the Family Court’s order dated 26th June, 2008 passed below Exh.‘17’ and Exh.‘18’ in Petition No.B-8/2007 whereby application at Exh.‘17’ was allowed and application at Exh.‘18’ came to be rejected. In short, by the impugned order the Family Court has directed that the petition to proceed without written statement of the defendants. The learned counsel appearing for the petitioner submits that his written statement is ready for being filed, however, it could not be filed without there being specific order. 6. The learned counsel appearing for the respondent No.1 tried to support the order. However, he, ultimately, left it to the discretion of the Court to decide the matter. 7. Having heard both parties, looking to the nature of the dispute, it is necessary that rival pleadings should go on record. It would, therefore, be necessary to permit the petitioner to file written statement on record. The explanation sought to be furnished may not be strictly acceptable. However, in larger interest of justice, petitioner is permitted to file written statement on record subject to payment of costs of Rs.5,000/-. Payment of costs shall be condition precedent. Petitioner is directed to - 3 - deposit the amount of costs in the Family court along with written statement, which is to be filed within one week from today. In the event of deposit of costs, it would be open for the respondent No.1 to withdraw the same. 8. Petition is allowed. Rule is made absolute in terms of this order. 9. All concerned to act on an authenticated copy of this order. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)