DINESHBHAI UDESINH AJEDIYA Vs. SONALBEN DINESHBHAI AJEDIYA

JUDGEMENT

(1.) RULE. Learned advocate Mr. Sahil M. Shah waives service of rule on behalf of the respondent. With the consent of the learned advocates for the parties, the writ petition is taken up for final disposal.

(2.) The present petition is directed against the order passed below Exhibit-75 in divorce petition being Hindu Marriage Petition (old) No. 14 of 2011/ Hindu Marriage Petition (new) No. 8 of 2016, dated 26.07.2017 and further sought a direction for directing the Family Court, Dahod to drop the said witness and dispose of the Hindu Marriage Petition (new) No. 8 of 2016 in time bound schedule.

(3.) The case of the petitioner is that the petitioner and the respondent got married on 10.06.2003 as per the Hindu rites and ceremony and out of the wedlock, a couple is having twin sons. In a very short period, the marriage life disrupted and as a result of which the petitioner had to prefer a petition being Hindu Marriage Petition No. 20 of 2005 under the provisions of Hindu Marriage Act in the Court below. During the passage of time, on account of suspicion, an application was filed to undertake DNA Test of the said twins children and the petitioner was constrained to prefer Special Civil Application No. 16345 of 2006 before this Court. It is the case of the petitioner that after extensive hearing, the dispute was resolved and reconcile the marriage and decided to stay together. As a result of which, the DNA Test report was not opened up by this Court in the interest and welfare of both the parties and the children and the said petition was withdrawn. By referring to the said order passed by this Court on 13.02.2008, an attention is drawn about such resolution between the petitioner and the respondent. A further assertion is reflecting from the averments made in the petition that again after some time, the dispute generated between the petitioner, as a result of which, the respondent-wife has again left in the year 2010 without the minor children and filed a criminal complaint against the petitioner and the family members under Section 498-A of the Indian Penal Code, as also under the provisions of Domestic Violence Act. It is further an assertion of the petitioner that the petitioner was waiting for her returning back to the home, but such efforts of reconciliation failed. As a result of which, the petitioner was constrained to file Hindu Marriage Petition, which was registered as HMP No. 14 of 2011 before the learned Principal Senior Civil Judge, Dahod and the same was registered as HMP (new) No. 8 of 2016. After the transfer of the said proceedings, the divorce petition was not proceeded further, and the petitioner was constrained to prefer writ petition being Special Civil Application No. 4303 of 2017 and sought direction that the HMP No. 14 of 2011 along with Family Suit No. 8 of 2016 be disposed of by the Family Court at the earliest. The said order dated 27.02.2017 is referred to as page 31 of the petition compilation. It is the case of the petitioner that though the direction is given, but with a view to see that the proceedings are lingered, a further application came to be filed below Exhibit-75 by the respondent-wife for seeking a witness summons of an officer from FSL, at Gandhinagar for the purpose of examination. The said application was given on 26.07.2017, which came to be granted by the learned Judge. It is this order dated 26.07.2017, which is the main subject matter of present petition.