The discretionary nature of the supervisory jurisdiction under Article 227 of the Constitution of India and the limitations of the court's powers in re-evaluating evidence or correcting errors of a formal or technical nature.

ORDER :

1. Heard.

2. Rule.

3. Learned Counsel for the respondent waives service.

4. By consent, returnable forthwith and taken up for hearing and final disposal.

5. Supervisory jurisdiction under Article 227 of the Constitution of India is sought to be invoked by the petitioner-wife assailing an order passed by the Family Court on an application in D. No. 58 of 2017 on 10th March, 2023, which reads thus:

“In view of Order passed on Exhibit - 9 in Petition A-126 of 2013, Application is rejected.”

Sd/-

10.03.2023

6. This is a prolix and verbose petition in the sense, it is tediously lengthy dwelling on trivial details, containing unnecessary facts which are not at all germane for deciding the petition qua the impugned one line order.

7. Shorne of unnecessary details, a few facts are as follows.

8. Petitioner and respondent got married on 15th December, 2005. They are blessed with two sons. Elder son Ruhaan was born on 2nd October, 2008 and younger son Ayaan was born on 22nd February, 2013.

9. Somewhere in March, 2006, the respondent shifted to Vadodara temporarily till his business is settled. The petitioner, too, accompanied him. In June, 2015, the petitioner left matrimonial home with two minor sons and returned to Mumbai to her natal home due to the alleged discord and cruelty inflicted upon her by the respondent.

10. On 18th May, 2017, the respondent filed a Petition bearing D-58 of 2017 for custody of minor sons. On 22nd June, 2017, a petition bearing No. C-42 of 2017 came to be filed by the petitioner seeking maintenance for herself and minor children. A written statement has already been filed in the said petition by the respondent. The petitioner has also filed written statement in the custody petition bearing No. D-58 of 2017 along with counter claim seeking divorce and other reliefs on 19th December, 2018.

11. On 6th September, 2022, an order came to be passed by the Family Court in respondent's Petition bearing No. D-58 of 2017, inter alia, directing the respondent to renew passports of both minor sons and deposit the same in the Family Court.

12. The respondent challenged the said order by way of a writ petition in this Court bearing No. 12640 of 2022. While upholding the order of the Family Court, this Court directed the Family Court to hear the pending applications expeditiously within four weeks.

13. The petitioner filed a divorce petition against the respondent on 13th January, 2023 bearing A-126 of 2023 before Family Court at Bandra. She moved an application seeking clubbing of Petition bearing No. 126 of 2023 along with D-58 of 2017 and C-42 of 2017. The learned Judge, Family Court rejected her application which order has been impugned in the present petition.

14. I heard Ms. Irani, learned Counsel for the petitioner at a considerable length. She vehemently argued and tried to impress upon me as to how the learned Judge, Family Court committed patent illegality while passing the impugned order which is without proper application of mind to overall facts and circumstances of the case by ignoring settled position of law.

15. Learned Counsel for the petitioner would argue that it is a fundamental principle of law that the Court should be independent, impartial, free of any bias, affection or ill will and justice should not only be done, but should undoubtedly and manifestly seen to be done. According to her, order is against the laws of equity, good conscience and principles of natural justice as it came to be passed in immense haste without assigning any reason. According to Ms. Irani, the learned Judge ought to have clubbed all the matters in order to avoid duplicity of proceedings, contradictory judgments and also to save the valuable judicial time.

16. On the other hand, Mr. Lalwani, learned Counsel for the respondent while countering the arguments of the learned Counsel for the petitioner invited my attention to an order passed in the writ petition No. 12640 of 2022 dated 16th November, 2022 directing time bound disposal of cus