-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.5721 of 2007 Sangeeta Mahendra Sheth ..Petitioner vs. Mahendra Sheth ..Respondent Shri N.S.Patil for petitioner. Shri C.S.Patil i/b Shri I.S.Thakur for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 23rd January, 2008 23rd January, 2008 23rd January, 2008 P.C. P.C. P.C. 1. Considering the personal difficulty pointed out by the learned Advocate for the petitioner the order dismissig the writ petition in default is recalled. The petition is restored to file and taken up for hearing forthwith. 2. Perused the petition and annexures thereto. The respondent/wife had some difficulties including non payment of maintenance amount awarded monthly, in time. In such circumstances, and in facts peculiar to this case the order passed on 18th June, 2007 is quashed and set aside. -2- 3. The learned Advocate appearing for the petitioner states that the petitioner/original respondent-wife shall remain present in the Family Court and cross examine the witness on the date and time stipulated by the Family Court. Statement accepted. 4. The matter to be placed before the learned Judge, Family Court, Mumbai on 12th February, 2008 on which day the learned judge to allow the petitioner/original respondent-wife to cross examine the petitioner/husband and his witesses in the order to be decided by the Family Court and proceed to examine the witesses of the petitioner/husband and pass appropriate orders in accordance with law. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)