1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4446 of 2010 Mr.Ajit Goyal ... Petitioner versus Mrs.Payal Goyal ... Respondent ... Mr. H.S.Anand i/b Mrs.Sarita Donde for the petitioner. Ms.Chitra Phade for the respondent CORAM : D.G. KARNIK, J. DATED : 12th July 2010 P.C. 1. Rule. 2. By consent, Rule is made returnable forthwith. Ms.Phade waives service for the respondent. 3. By this petition, petitioner challenges the order dated 29 January 2010 passed by Family Court, Mumbai rejecting the petitioner’s application for condonation of delay in filing of the written statement. 4. The respondent (wife) filed a petition bearing Marriage Petition No. A-1631/08 for dissolution of the marriage against the petitioner. 2 Apart from the present petition, petitioner has also filed a complaint u/s.498-A of the IPC. The petitioner was granted anticipatory bail and when he had gone to the Juhu police station for production of an order of anticipatory bail the writ of summons was served on him. According to the petitioner, he was busy in defending the proceedings u/s.498A and instructing his lawyer regarding the criminal proceedings and hence could not file the written statement in time. Further more, petitioner was originally residing in Calcutta and has now shifted to Delhi and the present Marriage Petition is filed in Bombay. On account of this, he was unable to instruct his lawyer and file written statement in time. He sought to tender the written statement in October 2009 which was delayed by a few months. His request for condonation of a delay was rejected by the trial court. 5. Taking into consideration the peculiar facts of this case including the fact that the petitioner was originally residing at Calcutta and is now residing in Delhi and the fact that the marriage petition is filed in Mumbai and that petitioner was required to concentrate on his defence in the criminal proceeding u/s.498A of the IPC, in my view, the delay needs to be condoned. It may also be noted that marriage petition is a litigation which is different from the ordinary litigation regarding the property or money. Marriage Petition not only involves the personal life of a person but also concerns two families. If there are children, it also concerns the children. In the present case, there is a child born to the respondent from the petitioner. Welfare of the child also impinges on the parties coming together, if possible. Fights between the parents certainly would affect the child. In my view, the delay in filing of the written statement can be condoned while expediting the trial of the 3 petition by imposing costs on the petitioner for the delay. Hence I pass the following order:- O R D E R The impugned order is set aside. Petitioner’s application for condonation of delay in filing of the written statement is allowed. Family Court shall accept the written statement if tendered within three weeks hereof, subject to payment of Rs.25,000/- as costs. Costs shall be paid to the respondent and receipt/proof of payment shall be produced before the Family Court. In the alternative, petitioner may deposit the costs with the Family Court before tendering the written statement. Respondent wold have a liberty to withdraw the costs, if so deposited in the Court. In the event the costs are not deposited/paid within three weeks hereof, Rule shall stand discharged and writ petition shall stand dismissed. Family Court is requested to expedite the Marriage Petition which is more than two years old. All concerned shall act on a copy of this order authenticated by the Sheristedar/Private Secretary of the Court. (D.G. KARNIK,J.)