GEETA KRISHNARAJ MERCHANT Vs. KRISHNARAJ S MERCHANT

JUDGEMENT

(1.) THIS appeal is filed by the appellant-wife against the judgment and order dated 30th July, 1991 passed by the learned Judge of the Family Court at Bandra which judgment and order, according to the appellant, is passed ex parte. Admittedly, the wife has also preferred am application for setting aside the ex parte decree. This matter was therefore adjourned in view of the fact that if the application of the wife for setting aside the ex parte decree is allowed by the family Court, the appeal itself would be infructuous.

(2.) ON the last occasion i. e. on 18-6-1992 we were specifically informed that, the Family Court has already directed that the petition by the wife for setting aside the ex parte decree be heard peremptorily on 28th July, 1992. On 18th June, 1992 we directed that the Family Court should scrupulously abide by the said direction. We record with displeasure that despite the fact that the writ of the said order passed by this Court was delivered to the concerned Court of the Family court at Bandra on 26th June, 1992, we are informed today that the learned Judge of the Family court on 28th July, 1992 adjourned the matter to 8th September, 1992. This is prima facie in breach of our direction. Mrs. Nanavati, learned Counsel appearing for the appellant, again requested that the hearing of the appeal should be postponed with a view to enabling her client to get the disposal of the application for setting aside the ex parte decree passed against the appellant-wife.

(3.) WE are not inclined to accede to the request of Mrs. Nanavati because we find that this unfortunate litigation between the spouses has been going on since 1984 with innumerable interlocutory proceedings ending only in the Apex Court. As despite our order the learned Judge of the Family Court did not dispose of the matter and in view of the long history of this litigation between the spouses, we find considerable merit in the submission of the respondent who is appearing in person that the matter be disposed of one way or the other on merits and should not be postponed any further.