1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6896 OF 2008 ......... Vickrant s/o Vasantrao Vaikkos Petitioner V E R S U S Mrs. Namita w/o Vickrant Vaikkos. Respondent ===== Shri Hemant Surve, Advocate for the petitioner. Smt. Sushma Savale, Advocate for the respondent. CORAM : R. M. BORDE, J. DATE : 4 TH NOVEMBER, 2009. PER COURT :- 1. The order passed by the Ld. Principal Judge, Family Court, Aurangabad directing acceptance of written statement subject to payment of costs of Rs.500/- and in respect of setting aside the earlier order of 'No W.S' is subjected to challenge in this petition presented by invoking, extra ordinary jurisdiction of this court under Article 227 of the Constitution of India. The dispute is between the husband and wife in respect of dissolution of marriage. It is contended that on presentation of petition respondent-wife caused her appearance on 28.11.2007. Thereafter she presented an application seeking 2 interim alimony under section 24 of the Hindu Marriage Act. However, respondent failed to present written statement and as such order of No W.S. was passed. However, thereafter, an application came to be presented requesting the Court to permit her to present written statement as well as request was also made for setting aside earlier order dt 05.05.2008. It is contended in application that she lost her father in the month of March, 2008 and there is no other family member to render her help. It is further contended in application that in such situation, failure on her part to present written statement within stipulated period cannot be considered as intentional. Respondent also contends that no prejudice is likely to be caused to other side if she is permitted to file written statement. It is contended that the matter was referred for conciliation. Considering the contentions raised in the application as well as considering the oppositions adverted to by the petitioner herein the Trial Judge passed an order directing the acceptance of written statement, subject to costs of Rs.500/-. 2. I have heard the arguments advanced by respective counsel for the parties. 3. It is contended that the reasons recorded in the application are not just and proper and sufficient to exercise discretion in favour of respondent. The respondent has not presented her Written statement within 3 stipulated period as provided under Order VIII Rule 1 of the Code of Civil Procedure ; permitting her to present W.S. subject to payment of paltry amount towards costs is improper specially when petitioner husband is required to pay her interim alimony. The matter in dispute relates to matrimonial conflicts between the parties. It is also a matter to be considered that, respondent is a lady and there is nobody in her family look after her. I am of the view that discretion exercised by the Ld. Judge of family Court need not be interfered with. The order passed by the Trial Court in the given facts and circumstances is just and proper and need not be interfered. Writ Petition stands rejected summarily. ( R. M. BORDE, J. ) ..... aaa/6896.08