Joaquim Antonio Vas vs Gail Christine Vas And Anr
2017 Latest Caselaw 7931 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO. 11280 OF 2017


Joaquim Antonio Vas                          ...        Petitioner.
                V/s.
Gail Christine Vas & Anr.                    ...        Respondents.


      •   Ms.Sneha Singh, Advoccate for the Petitioner.


                         CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATED : 9 th OCTOBER, 2017.

JUDGMENT :-

1]              Rule. Rule made returnable forthwith.


2]              Heard learned counsel for the Petitioner at the stage of

admission itself.


3]              This Writ Petition is directed against the order dated 10 th

August, 2017 passed by the Family Court at Bandra in Marriage

Petition No.2535 of 2016. By the impugned order, the trial Court has

passed the order of "No W.S." against the Petitioner. The reason given

is that he was trying to delay the proceeding. Though, the Petitioner

stated that he was under assumption that the matter is for

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counseling, the trial Court did not accept the same and rejected his

prayer and passed the order of "No W.S.". The Petitioner has then

applied to set-aside the said order on the same day but the trial

Court has rejected the same.

4] In this petition, learned counsel for the Petitioner

submits that the Petitioner has no intention at all to delay the matter

and he will be filing his written statement within a week.

5] In considered opinion of this Court, the matrimonial

proceedings should always be decided on merits, after hearing both

the parties and as far as possible not ex-parte or without W.S., so as

to avoid further complications and multiplicity of proceedings.

6] Writ Petition is, therefore, allowed. The order of No W.S. is

set-aside and the Petitioner is permitted to file the written statement

on or before 30th October, 2017.

7]              Rule made absolute in above terms.



                                 (DR. SHALINI PHANSALKAR-JOSHI, J.)