1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.50 of 2009 With Civil Application No.72 of 2009 Mrs. Yamini @ Priyanka Hemant Palve Appellant Vs. Mr.Hemant Ashok Palve Respondent Mr.Mahendra Sandhyanshiv for appellant. Ms.Mallika Ingale for respondent. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. March 26, 2009. P.C. 1. We have heard this appeal for some time. The appellant - wife is aggrieved by the Judgment and order dated 2/1/2009 rendered by the Family Court at Mumbai thereby allowing M.J. Petition No.A-1047 of 2007. The marriage solemnised between the parties on 23/1/2007 has been annulled by the said decree. 2. It was noticed during the course of arguments that the petitioner - husband was not cross-examined and the present appellant did not adduce any evidence in support of her case to dismiss the petition filed. It appears that the appellant wife could not remain present before the Family Court and the Advocate 2 engaged by her did not remain present. 3. Under these circumstances, both the learned counsel consented for restoration of the petition filed by the husband before the Family Court and to remand the same for fresh trial so as to provide an opportunity for the appellant - wife to adduce evidence and also to cross-examine the petitioner - husband. The learned counsel have placed before us the draft of Minutes of Order to this effect. 4. Hence the appeal is allowed and the impugned judgment and order is hereby quashed and set aside. M.J. Petition No.A-1047 of 2007 filed by the present respondent is restored to the file of the Family Court at Mumbai for de novo trial and to provide an opportunity to the appellant - wife to adduce evidence. If the parties file an application for medical examination of the respective spouses, the same shall be considered by the Family Court as per law, more so when the husband is claiming annulment of marriage on the ground that the marriage could not be consummated for the reasons attributable to the wife. On remand the petition shall be heard and decided as expeditiously as possible and in any case before 30th 3 September 2009. 5. Parties to appear before the Family Court on 6th April 2009 with a copy of this order. 6. Writ to go to the Family Court forthwith. 7. Civil application does not survive and the same stands disposed. 8. Parties to bear their own costs. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)