PIYUSHA RAJESH MEHTA Vs. RAJESH HIRALAL MEHTA

JUDGEMENT

(1.) THIS petition is not on board for final hearing. However, with the consent of the parties it is taken up for final hearing. Heard finally by consent of parties.

(2.) THE facts that are material and relevant for deciding this petition are that the Petitioner Piyusha has filed a petition before the Family Court for maintenance and permanent injunction against the respondent Rajesh. It appears that in that petition, the respondent Rajesh did not file his written statement. However, ultimately, he filed the written statement, which was taken on record. Against that order the petitioner filed Writ Petition No. 2169 of 1996 which was decided by this Court by order dated 11th April, 1996. Though this Court rejected that petition, this Court directed that the respondent shall pay as costs to the petitioner an amount of Rs. 10,000/- as a condition precedent for accepting his written statement. However, this Court did not prescribe any time limit for payment of the amount of the costs.

(3.) IT appears that on 16-8-1996 the Court framed issues in the petition. While framing issues, the Court took into consideration the written statement filed by the respondent though by that date the amount of costs directed to be paid by this Court by its order dated 11-4-1996 was not paid. Ultimately, the amount of costs of Rs. 10,000/- was deposited in the Family Court on 24-9-1996. The petitioner, therefore, has filed this petition challenging framing of issues dated 16-8-1996 which takes into consideration the written statement filed by the respondent. The petitioner, who appears in person, also makes a grievance about issue No. 6 framed by the trial Court, which according to her is a totally irrelevant issue.