-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.9088 of 2007 Sonal Hemant Mhatre ..Petitioner vs. Hemant Dattaram Mhatre ..Respondent Shri S.C.Thatte for petitioner. Shri Pramod Patil for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 11th March, 2008 11th March, 2008 11th March, 2008 P.C. P.C. P.C. 1. This writ petition challenges the order below Exh.20 in Petition No.A-540 of 2006 passed by the Family Court, Mumbai. The Family Court by the impugned order dated 15th October, 2007 has rejected the request of the wife for time to cross examine the husband. The husband was under cross examination and the Trial Court observed that on 4 occasions neither the wife nor her lawyer turned up to cross examine. Last chance was granted but that was not availed of and that is how the application is rejected and the right to cross examine is forefeited. 2. After this matter was argued for some time both sides agree that if the petitioner wife cross examines the husband on the date and time -2- stipulated by this Court, the petitioner wife would be satisfied and would not apply for adjournment on that date. She would definitely complete her cross examination or if the same is incomplete she would attend along with her lawyer on the adjourned date. She will cooperate in expeditious disposal of the case. 3. Accordingly, it is directed that if both sides appear before the Family Court on 7th April, 2008 along with their respective witnesses, the Trial Court to allow the wife to cross examine the respondent/husband and any witness examined by him and thereafter proceed with the case in accordance with law. 4. The order under challenge is set aside and substituted with the above directions. Needless to state that the wife’s non cooperation or absence of her Advocate will not preclude the Family Court from passing appropriate order in the interest of justice. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)