Mrs. Jagrutti Chandramani Ranjane v. Mr. Chandramani Ganpati Ranjane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.35 OF 2017 Jagrutti Chandramani Ranjane ...

Applicant versus Chandramani Ganpati Ranjane ...

Respondent Mr. Rohan Barge, for Applicant.

Mr. Shailesh Chavan i/by Mr. Ranjeeth Patil, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 12th SEPTEMBER, 2017 P.C.:

1.

The above Misc. Civil Application is filed by the Applicant wife under Section 24 of the Code of Civil Procedure, 1908 for transfer of Hindu Marriage Petition No.310 of 2016 filed by the Respondent-husband seeking restitution of conjugal rights, pending before the Civil Judge, Senior Division, Sangli to the Civil Judge, Senior Divison, Panvel, Raigad.

2.

Criminal Misc. Application No.401 of 2016 filed by the Applicant wife under the Protection of Women from the Domestic Violence Act, 2005 is pending before the Judicial Magistrate, First Class, Panvel, which is admittedly attended to by the Respondent husband. In view thereof, the following order is passed : (i) Hindu Marriage Petition No.310 of 2016 filed by the Respondent before the Civil Judge, Senior Division, Sangli is transferred to the Civil Judge, Senior 1/3

Division, Panvel, Raigad.

(ii)The Court of the Civil Judge, Senior Division at Sangli is directed to transmit the papers and proceedings of Hindu Marriage Petition No.310 of 2016 to the Civil Judge, Senior Division, Panvel, Raigad on or before 20th September, 2017. (iii)The parties and/or their Advocates shall appear before the Civil Judge, Senior Division, Panvel, Raigad, on 25th September, 2017 at 11.00 a.m., and obtain necessary orders/directions.

(iv)The Civil Judge, Senior Division, Panvel, Raigad, shall endeavour to hear and dispose off the Hindu Marriage Petition No.310 of 2016 within a period of six months from 25th September, 2017. The Civil Judge, Senior Division, Panvel, shall not grant any adjournments to the parties unless absolutely necessary. The parties too shall not seek any adjournments unless absolutely necessary. (v) In view of the request made by the learned Advocate for the Respondent, the Civil Judge, Senior Division, Panvel, is requested to place Hindu Marriage Petition No.310 of 2016 for hearing on the dates when the Respondent husband is required to attend Criminal Misc. Application No.401 of 2016 which is pending before the Judicial Magistrate, First Class, Panvel, Raigad. (vi)The parties as well as the Civil Judges, Senior Division, Sangli and Panvel, Raigad, shall act on an authenticated copy of this order. (vii)All contentions of the parties are kept open. 2/3

(viii)The above Misc. Civil Application is accordingly disposed of with no order as to costs.

( S.J.KATHAWALLA, J. ) 3/3