Dale Anthony Edwards vs Samantha Dale Edwards
2022 Latest Caselaw 8995 Bom

                                                                       26.wp.996-22.doc

               PMB
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
         Digitally
         signed by

                                   WRIT PETITION NO.996 OF 2022
         PRADNYA
PRADNYA  MAKARAND
MAKARAND BHOGALE
BHOGALE  Date:
         2022.09.08

                      Dale Anthony Edwards              ..Petitioner
         20:52:51
         +0530


                             vs.
                      Samantha Dale Edwards             ..Respondent
                                              ------------
                      Mr. Ganesh Y. Mirashigaonkar for petitioner.
                      Ms. Asha Joshi for respondent.
                                               ------------

                                                 CORAM : M. S. KARNIK, J.

                                                 DATE      : SEPTEMBER 8, 2022.
                      P.C. :

1. Learned counsel for the respondent-wife appears and

submits that she will file Vakalatnama in the office during

the course of the day.

2. Learned counsel for the respondent on instructions of

the respondent, who is personally present in the Court,

submits that she has no objection if this writ petition is

allowed, however, prays that as the petition is of the year

2015, the litigation before the Family Court should not be

protracted at the instance of the petitioner and hence, it is

necessary to expedite the hearing of the petition.

26.wp.996-22.doc

3. In this view of the fair stand taken on behalf of the

respondent, the impugned order is set aside. The writ

petition is allowed in terms of prayer clause (a) which reads

thus :-

"a) Rule be issued, Record and proceedings be called for; This Hon'ble Court may be pleased to quash and set aside the impugned Judgment and order dated 12- 10-2021 passed by the Ld. Family Court Judge, Bandra Division, Mumbai, below Exhibit 48 in Petition No.A- 1333 of 2015 and further may be pleased to allow the application below Exh.48 in Petition No.A-1333 of 2015 filed by the Petitioner."

4. The writ petition is allowed subject to payment of cost

of Rs.5,000/-. Learned counsel for the petitioner assures

that the cost will be paid to the respondent on 06.10.2022.

5. The petitioner is permitted to cross-examine the

respondent. Parties to appear before the Family Court on

06.10.2022 when the matter is listed before the Family

Court. An assurance is given on behalf of the parties that

they will co-operate with the Family Court in expeditious

disposal of the petition and that unnecessary adjournments

will not be asked for.

6. Considering that the matter is of the year 2015 and

26.wp.996-22.doc

that the same has reached the stage of evidence, the

Family Court is requested to make an endeavour to decide

the petition as expeditiously as possible and preferably by

the end of May 2023.

7. The writ petition is disposed of.

(M. S. KARNIK, J.)