Shilpa Abhijeet Phalke v. Abhijeet Ashok Phalke

33. MCA-39-2021.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BHARAT DASHARATH PANDIT Date: 2021.08.17 15:01:27 +0530 CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 39 OF 2021 Shilpa Abhijeet Phalke ....Applicant.

V/s Abhijeet Ashok Phalke .....Respondent Mr.Prabhanjan Gujar for the Applicant.

CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 12, 2021 P.C.:- 1] Though served, none appears for the respondent- husband. 2] The applicant, a servicing wife, is the custodian of a child. 3] Considering the hardship and the fact that the contentions in the application are not controverted by the respondent - husband, the application is allowed in terms of prayer clauses (a) and (b) which read as under;

"(a) That by an order of this Hon'ble Court the record and proceedings of APetition No. 57 of 2021 (earlier Petition No. 220 of 2020 filed before Civil Judge, Senior Division, Satara ) filed for Divorce before Family Court at 1/2

33. MCA-39-2021.doc Satara be called for;

(b) that by an order of this Hon'ble Court the proceedings of A-Petition No.57 of 2021 (earlier Petition No. 220 of 2020 filed before Civil Judge, Senior Division, Satara) filed by Respondent/ husband before Family Court Satara be pleased to transfer to Family Court at Pune and same be heard with A/ 1917 / 2020 filed by the applicant/ wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before Family Court, Pune."

( NITIN W. SAMBRE, J. ) 2/2