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Bombay High CourtMCA/36/2022disposed off

Smt. Shrushti Tejas Mhatre v. Tejas Ashok Mhatre

2022-10-04Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

Tikam 1/2 33-MCA-36-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

VAISHALI ANIL TIKAM CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.36 OF 2022 by VAISHALI ANIL TIKAM Date:

2022.10.06 17:35:41 +0530 Smt. Shrushti Tejas Mhatre ....Applicant V/s.

Tejas Ashok Mhatre ....Respondent ----- Mr. Rahul B. Vijaymane, Advocate for the applicant. CORAM : SANDEEP K. SHINDE, J.

TUESDAY, 4TH OCTOBER, 2022.

P.C. :

1.

Heard learned counsel for the Applicant.

2.

Applicant married to Respondent on 9 th December, 2022. Both are degree holders. Applicant is residing at Ratnagiri, with her parents; whereas Respondent is residing at Mumbai. Applicant was allegedly deserted by the Respondent when she was carrying six months pregnancy. She claims, she has no independent income source and entirely depending on her parents. She has delivered a baby girl. She is 5 months old. Thus, on the ground of convenience, she seeks transfer of a divorce petition filed by her husband, from Family Court, Bandra to the Court of Competent jurisdiction at Ratnagiri. None appears on behalf of the Respondent, though duly served.

Tikam 2/2 33-MCA-36-2022 3.

Heard learned counsel for the Applicant. Contents of the application not being controverted, I presume same to be correct.

4.

In consideration of the facts stated above, a case is made out for granting application. Accordingly, application is allowed. Thus, the following order.

ORDER

(i) Marriage Petition No. A-2713/2021 pending before the Family Court, Bandra stands transferred to the Court of Civil Judge, Senior Division, Ratnagiri. (ii) Learned Judge, Family Court, Mumbai shall ensure, that Court, Petition A-2713/2021 is transferred to the Court of Civil Judge, Senior Division, Ratnagiri within four weeks from the date on which the order is brought to his notice.

(iii) Parties to the petition shall appear before the concerned Court at Ratnagiri on 18 th November, 2022.

(iv) Application is disposed of.

(SANDEEP K. SHINDE, J.)