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Mrs. Smita Deepak Khilari vs Mr. Deepak Nivrutti Khilari on 25 September, 2018

1-cra-468-2018.odt

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
CIVIL REVISION APPLICATION NO.468 OF 2018

Smita Deepak Khilari ] Applicant
Vs.
Deepak Nivrutti Khilari ] Respondent
…..
Ms. Nidhi Vyas i/b Anita Bafna, for the Applicant.
….

CORAM : R.G. KETKAR, J.

DATE : 25th SEPTEMBER, 2018.
P.C:

Not on board. At the request of Ms. Vyas taken up in the
production board.

2. Heard Ms. Vyas, learned Counsel for the applicant.

3. Leave to convert C.R.A into Writ Petition is granted. Amendment
shall be carried out within one week from today.

4. This Petition takes exception to the order dated 24 th May, 2018
passed by the learned Judge, Family Court, Thane in C.M.A-1 of 2016. By that
order, the learned trial Judge rejected the application filed by the petitioner
under section 5 of the Limitation Act, 1963 for condonation of delay of 145
days in filing the application for setting aside ex-parte decree passed on 18 th
August, 2015 in Petition No.A-47 of 2013 and D-6 of 2012. By order dated 18 th
August, 2015, the learned trial Judge disposed of the Petitions instituted by the
respondent/husband under section 9 of the Hindu Marriage Act, 1955 for

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1-cra-468-2018.odt

restoration of conjugal rights and under section 25 of the Guardians and Wards
Act, 1890. The learned trial Judge directed the petitioner herein to resume co-
habitation along with minor child with the respondent herein.

5. After amendment is carried out, issue notice to the respondent
returnable on 23rd October, 2018. The parties are put to notice that subject to
the time constraint and convenience of the Court, the Petition will be disposed
of finally on that date. Notice shall further indicate that despite service if the
respondent fails to appear, the Court will proceed to decide the Petition on its
own merits.

6. In the meantime, there shall be ad-interim order in terms of prayer
clause (b).

[R.G. KETKAR, J.]

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