Bombay High Court
Supriya W/O. Rahul Kale vs Rahul S/O. Bhausaheb Kale on 7 January, 2021
Bench: K.K. Tated, N. R. Borkar
1 FCAST 691-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL (ST.) NO. 691/2020
WITH
INTERIM APPLICATION NO. 2 OF 2020
Supriya Rahul Kale .. Appellant
vs.
Rahul Bhausaheb Kale .. Respondent
.....
Ms Rukmini Khairnar i/b P. N. Joshi for Respondent.
.....
CORAM: K.K.TATED, &
N. R. BORKAR, JJ.
DATED : JANUARY 07, 2021
P.C.
. Heard.
2. Today the matter is placed on board for speaking to the minutes
of order dated 15/12/2020. On page 3, in paragraph 6, first line
instead of 'First Appeal (ST.) No. 691/ 2020', it should be 'Family
Court Appeal (St.) No. 691/2020'. Rest of the order shall remain as it
is.
3. Corrected order reads thus:
" IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL (ST.) NO. 691 OF 2020
WITH
INTERIM APPLICATION NO. 2 OF 2020
Laxmi 1/4
1 FCAST 691-20.odt
Supriya Rahul Kale .. Appellant
vs.
Rahul Bhausaheb Kale .. Respondent
.....
Mr. Rajesh Kharap I/b Devendra D. Pawar for the Appellant.
Mr. Pramod Joshi for Respondent.
.....
CORAM: K.K.TATED &
N. R. BORKAR, JJ.
DATED : DECEMBER 15, 2020
P.C.
. Heard.
2. By this Family Court Appeal, the Appellant-wife is challenging
the Judgment and decree dated 26/08/2019 passed by the Family
Court at Satara in Petition No. A-215/2019 allowing the Respondent-
husband's petition under Section 13(1)(ia) of the Hindu Marriage Act,
1955.
3. The main contention of the Appellant is that, the said order is
ex-parte order. The Advocate for Appellant submits that, it remained
on the part of the Appellant-wife to file her written statement to
oppose the said petition.
4. After arguing for some time, the Advocate for Respondent
submits that they have no objection if the Judgment and decree dated
Laxmi 2/4
1 FCAST 691-20.odt
26/08/2019 passed by the Family Court is set aside and the matter is
remanded back to the Family Court at Satara for hearing on its own
merits with liberty to the Appellant-wife to file her written statement.
5. Both Learned Counsel filed minutes of order dated 15/12/2020
duly signed by them. The same is taken on record and marked as 'X'
for identification. The same is accepted. The minutes of order reads
thus:
"Minutes of Order
Date : 15.12.2020
1. The impugned Judgment and Decree dated
26.08.2019, passed by the Learned Judge Family
Court, Satara in Petition No. A-215/2019 is hereby
quashed and set aside and proceedings are restored
to the file of the Learned Judge, Family Court, Satara
for fresh trial and disposal.
2. The Order dated 16.07.2019, passed on
Exhibit-1 declaring the proceedings Ex-parte against
the Appellant is also set aside.
3. The Appellant is permitted and directed to file
Written Statement on or before 15.02.2021.
4. All the contentions of both the parties are kept
open.
5. The Learned Judge, Family Court, Satara is
requested and directed to finally dispose off on
merits, afresh, the Petition No. A-215/2019, finally
by giving both the Parties adequate opportunity of
Laxmi 3/4
1 FCAST 691-20.odt
leading evidence/cross examination of the witness.
6. The Parties are directed to cooperate the
Learned Judge in ensuring an expeditious trial and
the learned Judge shall endeavor to decide the
Petition No. A-215-2019, as expeditiously as possible
and in any case on or before 30/08/2021.
7. There will be no orders as to costs.
8. Parties to act on the copy of the authenticated
copies."
6. Family Court Appeal (St.) No. 691/2020 as
well as Interim Application No. 2/2020 stand
disposed of accordingly.
7. No order as to costs.
(N. R. BORKAR, J.) (K.K.TATED, J.)
Laxmi 4/4
