1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8382 OF 2009 Uma Vilas More .. Petitioner versus Vilas Rambhao More .. Respondent Mr.Hakim Salim for the petitioner. Mr.Dhananjay Bhosale for the respondent. CORAM : A.S.OKA, J. DATE : 30th April 2010. P.C.: . Heard learned counsel appearing for the parties. As this petition arises out of a petition filed by the respondent-husband seeking decree of divorce under the Hindu Marriage Act, 1955, the same is taken up for final disposal. 2. As stated earlier, petition filed by the respondent is for a decree of divorce. An application was made by the petitioner-wife on 30th June 2009 seeking permission to file written statement by setting aside the order to proceed with the petition without written statement. It was contended in the said application that the petitioner was unwell from 27th April 2009 to 4th May 2009. By the impugned order, the application has been rejected by the learned trial Judge by holding that written statement was not presented within a period of ninety days. 2 3. After having heard the learned counsel appearing for the parties, I find that the trial Court has committed an error. This Court in the case of Vanita Pravin Gaikwad Vs. Pravin Pundalik Gaikwad [2010(1) Maharashtra Law Journal 897] has held that Rule 1 of Order VIII of the Code of Civil Procedure, 1908 as amended brought into force with effect from 1st July 2002 is not applicable to the proceedings under the Hindu Marriage Act, 1955. In any event, a medical certificate was produced by the petitioner showing that she was unwell from 27th April 2009 to 4th May 2009 and that was advised to take bed-rest. In the circumstances, the trial Court ought to have permitted the petitioner to file written statement. 4. Hence, the petition is disposed of by passing following order: : O R D E R : (a) The impugned order dated 20th June 2009 is quashed and set aside. The application of the petitioner at Exhibit 13 is allowed. (b) The hearing of the petition filed by the respondent is expedited and the trial Court shall conclude the hearing on or before 30th November 2010. (c) Petition is allowed in above terms. (A.S.OKA,J)