Sou. Sandhya Sandeep Dalvi v. Sandeep Rakhmaji Dalvi

37. MCA-62-2022.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 62 OF 2022 by BHARAT DASHARATH PANDIT Date: 2022.02.17 14:38:31 +0530 SOU. SANDHYA SANDEEP DALVI ....Applicant.

V/s SANDEEP RAKHMAJI DALVI .....Respondent --- Mr. Prathamesh Naik i/b Ganesh Bhujbal for the Applicant. ---- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 16, 2022 P.C.:- 1] Though served, none appears for the non-applicant. 2] Heard Mr. Naik, learned Counsel for the Applicant. 3] Contentions are, after matrimonial discord, non-applicant /husband initiated proceedings under section 9 of the Hindu Marriage Act for restitution of conjugal rights, which are pending on the file of Civil Judge, Senior Division, Shrirampur, District Ahmednagar. The cause for transfer is supported by pendency of three proceedings initiated by the Applicant in Pune Court. According to Mr. Naik, proceedings initiated by Applicant/wife under D.V. Act are pending on the file of Judicial Magistrate, First Class, Pune whereas proceedings under Section 24 of the Hindu Marriage Act for grant of maintenance, Section 3 proceedings of Hindu Marriage Act for divorce are pending 1/2

37. MCA-62-2022.doc on the file of Family Court, Pune. As such, according to him, nonapplicant/husband who is appearing in these proceedings can very much appear in restitution of conjugal rights proceedings, if so ordered to be transferred to Pune Court.

4] Aforesaid contentions are not controverted, as non-applicant, though served, has chosen not to appear in the matter. 5] That being so, in my opinion, case for transfer is made out, as non-applicant is already attending three proceedings at Pune Court and in case, if transfer is not ordered, Applicant/wife may suffer hardship.

6] As such, Application stands allowed in terms of prayer clause (a) and HMP No.127 of 2020 pending on the file of Civil Judge, Senior Division, Shrirampur, Ahmednagar is directed to be transferred to the Family Court, Pune.

7] It is directed that all the four proceedings referred to above, be preferably posted on the very same date.

8] Application is disposed of.

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