1 CA-2674 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No.2674 of 2010 IN Writ Petition No.6930 of 2010 Mrs.Vimi Vinod Chopra .. .. Applicant (Orig.Respondent) v/s. Vinod Gulshan Chopra .. .. Respondent (Orig. Petitioner) Mr.Vivek Kantawala i/by M/s.Vivek Kantawala & Co. for Applicant. Smt.Manjula Rao with Mr.Pradeep S. Chavan for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 20th October, 2010 P.C. : 1.The Applicant-wife has applied for stay of the proceedings in the Family Court where trial of the main Petition is in progress. The Affidavit of the evidence of the Respondent-husband has been filed. He is due to be cross-examined. 2.Whilst the Petition was in progress, in the Writ Petition, which related only to the access of the 2 CA-2674 children, an order for interview/counselling by the Counsellor/Child Specialist of the Family Court has been passed. The Child Specialist would require to make a report after several meetings with the children. That report would determine whether the Applicant made a willful breach/disobedience of the order of access passed by the Family Court. The Applicant s defence in her Written Statement is directed not to be considered in view of her breach/disobedience. That can be considered after the report of the Child Specialist is received. Pending that report, the trial must proceed. The Applicant shall make herself available for cross- examination before the Court which is scheduled to be taken today, subject of course to the time of the Court. 3.The Applicant-wife agrees to cross-examine the Respondent-husband as and when the matter reaches hearing in the Family Court. The cross-examination shall, therefore, proceed. The Respondent-husband shall also be entitled to put any further witnesses, if any, required by way of further Affidavits of evidence. Those witnesses shall also be cross-examined by the wife. After the entire evidence on behalf of the Respondent-husband is over and the Respondent-husband closes his case, the Family Court would require to wait until after the report of the Child Specialist is 3 CA-2674 received as directed on 5 th October 2010 in the above Writ Petition. 4.The Civil Application is disposed of accordingly. (SMT.ROSHAN DALVI, J.)