Bombay High Court
Rupali Santoshsinh Chandele vs Santoshsinh Bharatsinh Chandele on 20 October, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
30-fca-15-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
30 FAMILY COURT APPEAL NO.15 OF 2020
RUPALI SANTOSHSINH CHANDELE
VERSUS
SANTOSHSINH BHARATSINH CHANDELE
...
Advocate for Appellants : Mr. Ghatge Mahesh V.
Advocate for Respondent : Mr. P.S. Shendurnikar
...
CORAM : RAVINDRA V. GHUGE &
S.G. MEHARE, J.J.
DATED : 20th OCTOBER, 2021
PER COURT:-
1. On 22.09.2021, since the respondent-husband was not
responding to the Court notices issued on three occasions, we passed
the following order and we appointed Ms. Pooja Bankar Patil through
the High Court Legal Aid Services Sub-Committee, Aurangabad to
represent the respondent-husband so that the case would not go
unrepresented :
"1. The appellant is the wife, who is aggrieved by the impugned
judgment dated 04/12/2019 delivered by the learned Family
Court, Nanded vide which her petition No.A-25/2018 seeking
restitution of conjugal rights, has been dismissed.
2. On 11/03/2020, this Court issued notice which was served
on the respondent/husband. Since he did not appear, we re-
issued notice on 05/02/2021. Despite service, the respondent
did not cause an appearance. This Court, once again issued
notice on 15/03/2021 and the Ofce note indicates that the
respondent is served. Yet no appearance is entered.
30-fca-15-2020.odt
3. In view of the above, we deem it appropriate to appoint
Ms.Pooja Bankar Patil, through the High Court Legal Aid
Services Sub-Committee, Aurangabad to represent the
respondent/husband in this matter. She is permitted to go
through the R & P, which is available in this Court. The learned
Advocate for the appellant shall supply a copy of the appeal
paper book to the learned Advocate.
4. Stand over to 20/10/2021 for hearing, in the "Urgent
Category". "
2. Today, Shri Shendurnikar, the learned advocate appears
on behalf of the respondent-husband and submits that he received
notice only once. We are unable to comprehend as to how such a
submission can be made when the respondent has been served
through Court notice on three occasions. So also, after appointing Ms.
Bankar Patil, permitting the respondent to engage a private advocate is
bound to cause embarrassment to her. Nevertheless, we cannot
preclude the respondent from engaging a private advocate.
3. In view of the above, we are imposing cost of Rs.1,000/-
on the respondent, who shall deposit the said amount with the High
Court Legal Aid Services Sub-Committee, Aurangabad, on or before
28.10.2021. We direct the High Court Legal Aid Services Sub-
Committee, Aurangabad to tender the said amount to Ms. Pooja
Bankar Patil.
4. At the request of the learned advocate for the respondent
so as to enable him to fle a reply, we are posting this matter on
30-fca-15-2020.odt
23.11.2021. Let afdavit in reply be fled on or before 18.11.2021.
(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.)
Mujaheed//
