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Bombay High CourtMCA/279/2017disposed off

Mrs. Usha Shankar Maingade @ Deepa Ganpat Patil v. Shankar Maruti Mingade

2017-09-08Hon'Ble Shri Justice S.J. Kathawalla2 pages

kpd 1 / 2 919-MCAst-4845-2017.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION (ST) NO. 4845 OF 2017 Mrs. Usha Shankar Maingade ...

Applicant

Versus

Shri. Shankar Maruti Mingade ...

Respondent Mr.R.A. Naik i/b. Mr.Umesh Mankapure for the Applicant. None for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 8 th SEPTEMBER, 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 Hindu Marriage Petition No. A-1843 of 2016 filed by the Respondent-husband seeking divorce pending before the Family Court at Bandra, Mumbai to any competent Court at Shahuwadi, District : Kolhapur.

2.

The Respondent has forwarded a letter dated 24.07.2017 to the Applicant as well as her Advocate stating that he has no objection if the matter is transferred as prayed. In view thereof, I pass the following Order. (a) The Hindu Marriage Petition No.A-1843 of 2016 filed by the Respondenthusband is directed to be transferred from the Family Court at Bandra, Mumbai to the Court of Civil Judge, Senior Division at Kolhapur.

kpd 2 / 2 919-MCAst-4845-2017.sxw (b) The Registrar, Family Court at Bandra, Mumbai shall ensure that the papers and proceedings of Hindu Marriage Petition No. A-1843 of 2016 reaches the Court of Civil Judge, Senior Division at Kolhpaur, on or before 22nd September, 2017. (c) The Learned Civil Judge, Senior Division at Kolhapur shall endeavour to dispose of Hindu Marriage Petition No. A-1843 of 2016 within a period of six months from the date of this order.

(d) The parties and/or their Advocates shall appear before the Court of Civil Judge, Senior Division at Kolhpaur on 25th September, 2017 at 11.00 a.m. and obtain appropriate orders.

(e) The Civil Judge, Senior Division at Kolhpaur shall not grant any adjournment to the parties unless absolutely necessary. The parties too shall not seek any adjournment unless absolutely necessary.

(f) All contentions of the parties are kept open. 3.

The above Miscellaneous Civil Application (St) No. 4845 of 2017 is accordingly disposed off.

( S.J.KATHAWALLA, J. )