Writ petition allowed directing trial court to grant petitioner one chance to contest Hindu Marriage Petition on merits and dispose of pending divorce suit within one year. No costs.
Directing trial court to allow petitioner to file written statement and dispose of Hindu Marriage Petition No.37 of 2016 within one year.
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926 WP.5061.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
926 WRIT PETITION NO. 5061 OF 2017
SAU. TULSABAI PRAFUL RAJEGORE VERSUS PRAFUL BALAJIRAO RAJEGORE
Advocate for Petitioner : Mr. Gopal D. Kale. Advocate for Respondent : Mr. Vaibhav B. Dhage.
CORAM : V. K. JADHAV, J. DATE : 24th January, 2018.
ORDER :
. The Respondent / husband has filed Hindu Marriage Petition No.37 of 2016 before the Civil Judge Senior Division, Nanded for a decree of divorce on the ground that the Petitioner / wife is suffering from Schizophrenia. The Petitioner / wife though put her appearance in the Hindu Marriage Petition, failed to file the written statement and as such, on 11th July, 2016, the Trial Court has passed “No W.S.” order. The Petitioner / wife has filed an application for setting aside said “No W.S.” order, however, the Trial Court has rejected the said application as well as the application for review of the order. Hence, this writ petition.
2 The learned counsel for Petitioner submits that the
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Petitioner / wife has already submitted her written statement alongwith the application for setting aside “No W.S.” order. She may be given one chance to contest the Hindu Marriage Petition on merits by accepting her written statement. The learned counsel submits that the Petitioner / wife is not in a position to pay the costs.
3 The learned counsel for Respondent / husband submits
that the Petitioner / wife has not filed the written statement within the stipulated period. Further, the said petition is pending since 2016. The learned counsel in the alternate submits that the Trial Court may
be directed to dispose of the pending Hindu Marriage Petition expeditiously.
4 In view of the above submissions, I am inclined to grant
one opportunity to the Petitioner / wife to defend the petition on merits. Hence, the following order:
O R D E R
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Hindu Marriage Petition No.37 of 2016 as
expeditiously as possible preferably within a
period of one year from the date of this order.
III. The writ petition is accordingly disposed of.
[ V. K. JADHAV, J. ]
ndm
2 issues framed by the court
Whether the writ court should direct the trial court to allow the petitioner an opportunity to file written statement in divorce proceedings.
Whether the trial court is directed to expeditiously dispose of the pending divorce petition.
SAU. TULSABAI PRAFUL RAJEGORE
PRAFUL BALAJIRAO RAJEGORE
V. K. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
