1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.8986/2007 {Smt. Rubi Bhattacharya Versus District & Sessions Judge & Another} Date of Order :: 10th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mrs. Madhuri Singh for the petitioner Mr. N.A. Naqvi for the respondent no. 2 BY THE COURT: Admit. 2. Heard learned counsel for the parties. 3. The respondent no.2 – Shri Ashish Bhattacharya filed a petition for divorce under Section 13 of the Hindu Marriage Act against the petitioner in the trial court. The petition is being contested by the respondent (petitioner herein) by filing written reply. The applicant has already adduced his evidence and now the matter is fixed for non applicant's evidence. The non applicant – petitioner filed an application that first of all Smt. Deepali Bhattacharya, the mother of applicant Shri Ashish Bhattacharya, may be summoned for her statement. The trial court passed an order that non-applicant should adduce her evidence first, thereafter her application may be considered 2 for summoning Smt. Deepali Bhattacharya. It appears from the order that application filed by non applicant–petitioner has not been rejected so far and it is still under consideration before the trial court. In these circumstances, I do not find any merit in this writ petition at this stage and the same is, accordingly, dismissed. There will be no order as to costs. (NARENDRA KUMAR JAIN),J. DK