(1) 905 wp 7580-2026 IN THE HIGH Court OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7580 OF 2026 Dr. Jay s/o Vijay Gawande Vs. Prajakta w/o Jay Gawande (Prajakta D/o Bishram Mendhe) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Dr. R.S. Sirpurkar, Advocate a/w Mr. D.S. Sirpurkar, Advocate for petitioner CORAM : NANDESH S. DESHPANDE, J. DATED : 22.09.2026 Heard Mrs Sirpurkar, learned Counsel for the petitioner. 2. The present petition presents a very sorry state of affairs. 3. Facts which can be seen from the narration of the petition are as under: 4. The petitioner, who is the husband of the respondent, filed a petition for dissolution of marriage on the ground of cruelty as contemplated under Section 13(1) (a) of the Hindu Marriage Act. Various incidents of cruelty were alleged in the petition. Along with the said petition, an application under Section 21 of the Hindu Marriage Act read with Order 39 Rule 1 and 2 and Section 151 of the Civil Procedure Code was also filed. The application, which was filed at Exhibit 6, prayed for a temporary injunction restraining the respondent wife from entering the home of the petitioner, bearing Flat No. 101, 1st Floor, Maharshi Shashi Sharad Apartment, Shankar Nagar, Nagpur. However, (2) 905 wp 7580-2026 during the pendency of the petition, since, according to the petitioner, the respondent wife forcibly entered the premises, it prompted him to file another application at Exhibit 8, seeking a mandatory injunction against the respondent wife vacating the petitioner's house, a description of which is stated above. Additional affidavits in support of injunction application was also filed. 5. Thereafter, since the matter was adjourned for 09.09.2026, an application was filed on 27.08.2026 seeking permission to take the case on the daily board of the Court. The aspect which necessitated the filing of the application is the fact that there was an urgent interim relief claimed since the petitioner himself is suffering from sleep-related breathing disorder (SRBD) and he cannot sleep without taking aid of a particular machine, a photograph of which is appended at page No. 54 of the petition. However, the Family Court, for reasons best known to it, has even refused to accept the said application. 6. I am at pains to observe that such a conduct by a Court of law is deprecated. Thereafter, an application was moved, at Exh. 16 reiterating the said request on 09.09.2026. On the said date, even though the matter was heard elaborately, no order was passed and matter was simply adjourned and is now fixed for 06.10.2026. 7. An order was passed on the same day by the Family Court, holding that as the Court has already passed the order and kept the matter for reply of the respondent, (3) 905 wp 7580-2026 ad interim order cannot be passed behind back of the said respondent. 8. Having heard the learned Counsel for the petitioner, it seems that the Family Court is not aware of the urgency of any ad-interim relief, as sought prayed for by the learned Counsel for the petitioner, looking at the ailments of the petitioner and his old-aged father. It would be, therefore, in the interest of everyone concerned that the petition is disposed by directing the Family Court No. 7 to decide the application below Exhibit 8, till 24th of September, 2026 i.e. day after tomorrow. 9. Needless to mention that the petitioner undertakes to give a notice of preponement of hearing to the respondent, who would appear on 23.09.2026. The Family Court No. 7 is directed to hear the matter on 23.09.2026 and pass an order on 24.09.2026. 10. Needless to further mention that the Family Court would do so in accordance with law, however, looking to the urgency of the matter. The petition is allowed and disposed of, in above terms. 11. Authenticated copy of this order may be given to the parties. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 22/09/2026 18:38:49