-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.7603 of 2007 Mrs.Latika Pradeepkumar Varma ..Petitioner vs. 1. Pradeep Kumar Verma and anr. ..Respondents Shri Rahul Matkari for petitioner. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 10th January, 2008 10th January, 2008 10th January, 2008 P.C. P.C. P.C. 1. The petitioner/wife seeks an opportunity to cross examine the respondent/husband which opportunity after several adjournments has been denied. Complaining about that denial, this writ petition is filed. 2. Notice was issued by this Court on this writ petition and on 12th October, 2007 it was indicated that the petition would be heard finally. The Family Court was proceeding with the matter and, therefore, ad-interim stay was granted on 23rd October, 2007. The learned Advocate appearing for the petitioner states that private notice has been issued to the respondent/husband and the acknowledgement has been produced to the satisfaction of the Registry. I have perused the photocopy of the acknowledgement and I am satisfied that the -2- husband has been served. 3. The matter is now placed before the Family Court on 25th January, 2008. The contesting respondent no.1 is the husband. In such circumstances, when the husband has not remained present before me, interest of justice would be subserved if the order under challenge is set aside. The petitioner is granted one last opportunity to cross examine respondent no.1/husband. Shri Matkari states that the petitioner would not seek any adjournment on 25th January, 2008 on any ground whatsoever but would proceed and cross examine the respondent/husband in case respondent/husband is present on that date. In the light of the statement of the petitioner’s Advocate, the order under challenge is set aside. The petitioner is granted one last opportunity to cross examine respondent no.1/husband on 25th January, 2008 or on such other date as the Family Court would decide, however, if the petitioner remains absent on 25th January, 2008, then, the learned Judge is free to pass orders as are permissible in law including closure of the evidence. Petition is disposed of accordingly. -3- (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)