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Bombay High CourtMCA/99/2017disposed off

Mrs. Vanmala Udhhav Ashture v. Mr. Uddhav Ambadas Ashture

2017-08-05Hon'Ble Shri Justice S.J. Kathawalla2 pages

mca 99 of 2017 (902).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.99 OF 2017 Vanmala Uddhav Ashture ...

Applicant versus Uddhav Ambadas Ashture ...

Respondent Mr. Siddharth S. Deshpande, for Applicant.

Ms. Shraddha Dube Patil with Mr. Ankur Pahade, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 5th AUGUST, 2017 ( In Chambers ) P.C.:

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) Petition No.A 655 of 2016 filed by the Respondent husband seeking dissolution of marriage between the Applicant and the Respondent, pending before the Family Court at Nashik, stands transferred to the Civil Judge, Senior Division at Pandharpur, Solapur.

(ii)The Registrar, Family Court, Nashik, shall on or before 14th August, 2017 forward papers and proceedings in Petition No.A 655 of 2016 to the Court of the Civil Judge, Senior Division, Pandharpur, Solapur. (iii)Application No.67 of 2013 filed by the Applicant seeking enhancement of maintenance under Section 127 of the Code of Criminal Procedure, 1973 pending ssp 1/2

mca 99 of 2017 (902).sxw before the Judicial Magistrate, First Class, Pandharpur, also stands transferred to the Civil Judge, Senior Division, Pandharpur, Solapur. (iv)The Civil Judge, Senior Division, Pandharpur, Solapur shall hear the Petition seeking dissolution of marriage by the Respondent as well as the Application seeking enhancement of maintenance under Section 127 of Cr.P.C. along with the Marriage Petition No.49 of 2014 filed by the Applicant seeking judicial separation which is pending before the Civil Judge, Senior Division, Pandharpur. (v) The learned Civil Judge, Senior Division, Pandharpur shall dispose off all the three proceedings within a period of 6 months from the date of this order. (vi)The parties and/or their Advocates shall appear before the Civil Judge, Senior Division, Pandharpur on 16th August, 2017 at 11.00 a.m., and obtain necessary orders/directions in the matter.

(vii)The parties undertake not to seek any adjournment unless absolutely necessary. The learned Judge too shall not grant any adjournment to the parties unless absolutely necessary.

(viii)All contentions of the parties are kept open. (ix)The above Misc. Civil Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2