Mrs. Aarti Sachin Jagtap v. Shri Sachin Bibhishan Jagtap

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION (ST) NO.17457 OF 2017 Mrs. Aarti Sachin Jagtap ...

Applicant

Versus

Mr. Sachin Bibhishan Jagtap ...

Respondent Mr. Vaibhav Gaikwad for the Applicant.

Ms. Saloni Ghule for the Respondent.

Applicant is present in Court.

CORAM : S.J. KATHAWALLA, J.

DATED : 29 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 Divorce Petition No. A-618 of 2016 filed by the Respondent-husband before the Family Court, Bandra, Mumbai to the Court of Civil Judge, Senior Division at Pune, for being heard alongwith Petition No.601 of 2017 filed by the Applicant-wife before the Court of Civil Judge, Senior Division, Pune seeking restitution of conjugal rights. 2.

Both the parties are educated. Therefore, the following order is passed, by consent :- (a) The Petition No. A-618 of 2016 filed by the Respondent-husband is directed to be transferred from the Family Court at Bandra, Mumbai to the Court of Civil Judge, Senior Division at Pune.

(b) The Registrar, Family Court at Bandra, Mumbai shall ensure that the

2 / 3 10-MCAst-17457-2017.sxw papers and proceedings of Petition No. A-618 of 2016 reaches the Court of Civil Judge, Senior Division, Pune, on or before 12 th October, 2017.

(c) The parties and/or their Advocates shall appear before the Court of Civil Judge, Senior Division, Pune on 13 th October, 2017 at 11.00 a.m. and obtain appropriate directions.

(d) The Court of Civil Judge, Senior Division at Pune shall allow the Respondent to proceed with Petition No. A-618 of 2016 alongwith Hindu Marriage Petition No. 601 of 2017 through video-conferencing. (e) The Family Court at Bandra, Mumbai shall allow the Respondent and/or his Advocate to use the video-conferencing facilities available with the Court for the purpose of proceeding with Petition No. A-618 of 2016 alongwith Hindu Marriage Petition No. 601 of 2017.

(f) The Respondent is allowed to affirm, verify his pleadings/affidavits before the Family Court at Bandra, Mumbai and forward the same to the Court of Civil Judge, Senior Division at Pune which the Court of Civil Judge, Senior Division at Pune shall accept.

(g) The Court of Civil Judge, Senior Division at Pune shall hear Petition No. A-618 of 2016 alongwith Hindu Marriage Petition No. 601 of 2017 together and shall endevour to dispose off the same within a period of six months from the date of this Order.

(h) The parties shall not seek adjournment/s unless absolutely necessary.

3 / 3 10-MCAst-17457-2017.sxw The Court of Civil Judge, Senior Division at Pune shall also not grant adjournment/s to either side unless absolutely necessary.

(i) Since the proceedings shall be conducted through video-conferencing, the Court of Civil Judge, Senior Division at Pune shall fix the hearing of the matter at the time specified in advance.

(j) The Respondent undertakes to remain present before the Court of Civil Judge, Senior Division at Pune in the event of the Court requiring him to remain present.

(k) This order shall not preclude the Respondent from appearing before the Court of Civil Judge, Senior Division at Pune in person and/or through his Advocate, if he so wishes/decides.

(l) The Applicant shall be allowed to file her written statement to Petition No. A-618 of 2016.

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

The above Miscellaneous Civil Application (St) No. 17457 of 2017 is accordingly disposed off.

( S.J.KATHAWALLA, J. )