Shaheen Irshad Motiwalla A.K.A. Shaheen Merchant v. Irshad Ahmed S/O. Abdul Rashid Motiwalla

2 mca152-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.152 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Lokesh D. Zade for the applicant Mr.Zuber Khan Pathan for the respondent CORAM : K. K. TATED, J DATE : JULY 16, 2019 P.C.:

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Heard.

The learned counsel for the Petitioner submits that by mistake they placed on record document at page nos.83 to 85. He may be permitted to withdraw those pages. Same is permitted.

The learned counsel for the Applicant submits that by this Application under section 24 of the Code of Civil Procedure, 1908 Applicant wife is seeking transfer of PD No.14 of 2018 filed by Respondent husband under section 7 of the Family Courts Act, 1984 read Mohite 1/2

2 mca152-19.doc with section 6 and 7 of the Guardians and Wards Act, 1890 before the Family Court at Pune to Family Court at Mumbai. He submits that now he received instruction from his client that she does not want to press the present Application. To that effect, he has given in writing. Same is taken on record and marked "X" for its identification. Same is accepted.

The learned counsel for the Applicant submits that Applicant may be granted liberty to make appropriate Application before the Trial Court for travelling expenses.

Same is permitted. Hence, following order is passed:

a.

Misc. Civil Application stands disposed of as withdrawn unconditionally.

b.

Liberty granted to the Applicant wife to file appropriate Application, if she so desires before the Trial Court, for travelling and other expenses and that be decided without influencing that the Applicant filed by the present Applicant before this court.

c.

Misc. Civil Application stands disposed of as withdrawn. No order as to costs.

(K.K.TATED, J.) Mohite 2/2