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2014 Supreme(Bom) 1726

MRIDULA BHATKAR
Suvarna Rahul Musale – Appellant
Versus
Rahul Prabhakar Musale – Respondent


Advocate Appeared:
For the Applicant:Abhijit Dilip Sarwate a/w. Mandar Soman, Advocates.
For the Respondent:Mandar Limaye, Advocate.

Judgment

1. Rule. Rule made returnable forthwith. By consent, the matter is taken up for final hearing at the stage of admission.

2. By this Writ Petition, the jurisdiction of this Court in Article 227 of the Constitution of India is invoked by challenging the order dated 7th March, 2014 passed by the learned Judge of Family Court No. 5, Pune. The respondent/husband has filed the petition under section 9 of the Hindu Marriage Act for decree of restitution of conjugal rights on 3rd November, 2008. The petitioner/wife in her written statement cum counter claim demanded divorce. A minor daughter Rujula was born out of the wedlock. The petitioner/wife has been working in USA since 18th June, 2011 and daughter who is 5½ years old stays with her mother. The evidence of the husband is recorded by the Family Court. Now, the petitioner/wife has to lead her evidence, for that purpose, an Application is filed by her for recording her evidence through video conferencing and also for the appointment of Court Commissioner for recording the cross-examination of the petitioner/wife through video conferencing. The said Application Exhibit 83 was rejected by the Family Court Judge. Hence, this Writ P




















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