1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.2878 OF 2009 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Peter Lobo for the petitioner. Mr.S.H.Joshi for the respondent. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 16.03.2009 : 16.03.2009 : 16.03.2009 P.C. Admittedly the main petition for divorce on the ground of desertion is pending before the 6th Family Court, Bandra, Mumbai. By the impugned orders dated 19.11.2008 the learned Family Court rejected the petitioner/wife’s application for adjournment and passed the order of no cross as the respondent in person refused to cross examine on that day,by holding that whole object was to delay the proceedings. That resulted into further 2 order dated 5.1.2009 of rejection of her application for adjournment again. In the result, as the respondent not produced her evidence and hence the matter is closed without evidence. Without expressing anything on the merits of the matter and as it will be in the interest of both the parties that the respondent should lead evidence which is necessary for proper adjudication of the divorce petition in question. Therefore, in the interest of justice, I am inclined to grant this opportunity to respondent with clear observation that she should not seek further adjournment and she should participate and cooperate in the proceedings. By consent, it is agreed that the petitioner/wife will cross examine the respondent/husband on next date i.e. 20.3.2009 or such other date as per the convenient of 3 the Court and the concerned learned Judge to pass appropriate order accordingly. Resultantly, in view of above, both the impugned orders dated 19.11.2008 and 5.1.2009 are quashed and set aside. The petition is accordingly allowed subject to cost of Rs.5,000/- to be paid to the husband on or before 20.3.2009 as a condition precedent. As the learned Judge has already observed that the matter is old one and the parties are living separately since 1998, it is desirable that the Suit be disposed of as early as possible. No costs. (ANOOP (ANOOP (ANOOP V. MOHTA,J.) V. MOHTA,J.) V. MOHTA,J.)