: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4140 OF 2009 Ms.Amruta A. Salvi ... Petitioner V/s. Ajit V. Salvi & Ors. ... Respondents Mr.G.A. Lobo for Petitioner Mrs.A.A. Agarwal Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: 17TH JUNE, 2009 P. C.: 1. The Petitioner has filed the present petition against the order dated 13.1.2009 and the order dated 17.1.2009. The petitioner was permitted to file an application for permanent alimony, maintainance for the children and for residential accommodation from the respondent husband by the order of 21.7.2008 passed by the Division Bench in Family Court Appeal No.86 of 2008. 2. It appears that the advocate for the Petitioner has been consistently absent due to which an order of “no cross” was passed by the Family Court. This probably was on account of the fact that the Family Court was directed to dispose of the application filed by the Petitioner expeditiously and in any case within six months : 2 : from the receipt of the writ of the Court. 3. I have perused a copy of the Roznama and I find that although the Petitioner has been present in Court she has been handicapped on account of her advocate’s absence. In such circumstances, in my view, she should not be penalised because of the negligence of her advocate. 4. Therefore, the impugned orders are set aside. The petitioner will be permitted to crossexamine the respondent. The matter to proceed from that stage. The trial Court will dispose of the application within three months from today. It is made clear that if the advocate for the petitioner is consistently absent or in any case is absent on more than two occasions in the matter, the trial Court will proceed in accordance with law. 5. Petition is disposed of accordingly.