Sanjay A. Mehta Vs. Anar Sanjay Mehta

.....order 47 rule 1 of civil procedure code - held, provisions of order 47 of cpc not to strictly apply to proceedings filed under writ petition - order of review exercisable only in case of discovery of new and important matter/evidence or on account of some mistake or error apparent on the face of the record or for any other sufficient reason - evidence available on record showed that opponent did not co-operate in the hearing of the family court matter nor lifted the 498a case as directed by the previous order of high court - opponent wife also filed a partition suit and threatened to file cases in national commission against women and under violence against women act against applicant, his family members and counsel - difficult for husband to live in peace under same roof as the atmosphere uncongenial due to behaviour of the opponent - error apparent in the earlier order and discovery of abovesaid facts compel the court to order for review and condonation of delay - review application maintainable under law - opponent wife directed to stay away from the matrimonial home - application allowed - - however, the fact that the opponent wife has very good parents' house as well as the applicant is offering alternative accommodation with a view to see that husband, wife and their son all will have a mental peace.order:42. in view of the above, the following conclusion is available:42.1 this court desires to exercise the review jurisdiction under order 47 rule 1 of the c.p.c. on the ground that there is an apparent on the face of the record and there is an obvious mistake. the prayer for delay in filing the application has been granted. sufficient grounds for exercising the power of review has been set out. though this court has passed interim order on 29.12.2006 that the opponent has to stay in her house, the said order will continue in view of the peculiar facts and circumstances of the case. not only that it will be open for son nishant to visit the house of the applicant in connection with his study. however, this court requests the opponent wife to consider the alternative accommodation which has been offered by the applicant. it may be noted that this court passed the order with a very heavy heart directing the opponent wife to stay away from the matrimonial home. however, in view of the peculiar facts and circumstances of the case and the grounds stated above and discussed, this court has no other alternative but to direct the wife to stay away from the matrimonial. however, the fact that the opponent wife has very good parents' house as well as the applicant is offering alternative accommodation with a view to see that husband, wife and their son all will have a mental peace. that is the reason the court has no alternative but to pass the aforesaid order.43 in the result, the miscellaneous civil application is allowed. the main matter i.e. special civil application no. 22633 of 2005 to be placed for hearing before the appropriate court.