1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 807 OF 2010 (Renurao Krushnarao Chirde vs. Jyoti Renurao Chirde) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 23, 2010. Heard Shri Chaware, learned counsel for the petitioner. In Regular Civil Appeal filed by the respondent – wife, the petitioner – husband moved an application under Order 41, Rule 27 of Civil Procedure Code for recording of evidence of children, which has been rejected by that Court on 06.12.2009. Shri Chaware, learned counsel contends that the application was under Order 41, Rule 27 of C.P.C. and as the appeal was at final hearing stage and the main question involved therein was of grant of divorce on the ground of adultery and not of custody of children, the petitioner wanted the lower appellate Court to record the statements of those children. According to him, this was essential. The perusal of impugned order shows that the lower appellate Court was aware that the request made to it was to record the statement of children and has decided to proceed further with the matter without 2 recording statement. At this stage, I do not find anything wrong with the impugned order. It is always open to lower appellate Court to record such statements, if during hearing such contingency or occasion arises or need is felt by it. Writ Petition is accordingly dismissed. No order as to costs. JUDGE *GS.