Rule. By consent, rule is made returnable forthwith.

2. By this petition, petitioner challenges the order dated 27th November, 2009 passed by the learned Judge of the Family Court at Bandra. Granting permission to the petitioner to withdraw his petition for divorce but rejecting leave to file a fresh petition on the same subject matter.

3. The petitioner and the respondent are husband and wife. Petitioner filed a petition, bearing MJ Petition A-462/08 for dissolution of marriage u/s.13 (1) (ia) of the Hindu Marriage Act on 16th February, 2008. The petition was drafted and filed through an advocate. Subsequently, the petitioner changed his advocate. The new appointed advocate was of the view that the pleadings were insufficient and defective and advised the petitioner to withdraw the petition and file a fresh petition. Accordingly, petitioner filed an application to the Family Court under Order 23, Rule 1 (3) of the Code of Civil Procedure for leave to withdraw the Marriage Petition with liberty to file a fresh petition in respect of the same subject matter. The application was opposed by the respondent.

4. By the order dated 27th November, 2009, the learned Judge of the Fam