Mrs. Rakhi Avdhut Yewale v. Mr. Avdhut Shankar Yewale

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 64 OF 2017 Mrs.Rakhi Avdhut Yewale ...

Applicant

Versus

Mr.Avdhut Shankar Yewale ...

Respondent Ms.Sandhya Mailgir i/b. Anil Joshi for the Applicant. None for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 18 th AUGUST, 2017 P.C.:

1.

By the above Miscellaneous Civil Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant-wife seeks transfer of Marriage Petition No.A-1225 of 2016 filed by the Respondent-husband seeking dissolution of marriage between the Applicant and the Respondent pending before the Family Court at Bandra, Mumbai to the Family Court at Thane.

2.

After going through the papers, I have now noted that the Respondent had on 18th July, 2017 appeared before the Registrar (Judicial-I) and the Registrar (JudicialII) to seek permission to argue the matter in person before this Court. However, at that time, he informed the said Officers that he is not desirous of arguing the matter and has made an endorsement on the Praecipe stating that, 'I would like to tell Honourable Court that I have no objection of transfer of said case i.e. from Bandra

kpd 2 / 2 2-MCA-64-2017.sxw Court to Thane Court. I don't want to argue in this Court' . In view thereof, the above Miscellaneous Civil Application is allowed and the following order is passed. (a) The Marriage Petition being No.A-1225 of 2016 filed by the Respondenthusband is directed to be transferred from the Family Court at Bandra, Mumbai to the Family Court at Thane.

(b) The Family Court at Bandra, Mumbai is directed to transmit the papers and proceedings of Marriage Petition No.A-1225 of 2016 to the Family Court at Thane on or before 28th August, 2017.

(c) The parties as well as the Family Court at Bandra, Mumbai and Family Court at Thane to act on an authenticated copy of this Order ; (d) The parties and/or their Advocates shall appear before the Family Court at Thane on 31st August, 2017 at 11.00 a.m. and obtain necessary orders/directions. 3.

The above Miscellaneous Civil Application is accordingly disposed off. ( S.J.KATHAWALLA, J. )