76-WP-12159-2023 (C).doc Tikam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12159 OF 2023 Rajesh Omdutt Sharma ...Petitioner/s VERSUS Kiran Rajesh Sharma ...Respondent/s _________________________________________________________________ Mr. Ishaan V. Patkar a/w. Mr. Vinit V. Raje, i/by Akshay Manvakar, Advocate for Petitioner. None for Respondent. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 2nd SEPTEMBER, 2026. P.C. : 1. Heard learned counsel for the Petitioner. 2. The challenge in this petition is the impugned order dated 20/07/2022 whereby ex-parte decree dated 13/01/2019 is set aside and Marriage Petition No. 1041 of 2017 was restored. 3. Learned counsel for the Petitioner submits that sufficient chances were given to the Respondent. After considering evidence led by the Petitioner, the divorce decree was passed in favour of the Petitioner and after passing the divorce decree, the petitioner has remarried. Thereafter, on application of the Respondent, the said ex-parte divorce decree is set aside and Marriage Petition of the Respondent is restored, which is erroneous. VAISHALI ANIL TIKAM Digitally signed by VAISHALI ANIL TIKAM Date: 2026.09.09 17:15:03 +0530 76-WP-12159-2023 (C).doc Tikam 4. Though respondent was served, none appears for the Respondent. As Learned Family Court has set aside the impugned order by observing that opportunity should be given to the Respondent to place her side. In my view, it settled principle of law that opportunity be given to put her side. If contentions of both the parties are kept open and direction given to Family Court to decide Marriage Petition No. 1401 of 2017 as early as possible, preferably within six months, I pass following order: ORDER (i) Writ Petition is disposed of by keeping contentions of both the parties open and Learned Family Court shall decide the Marriage Petition No. 1401 of 2017 as early as possible, preferably within six months. (SHIVKUMAR DIGE, J.)