Shruti Avadht Gite v. Avadhut Sadashiv Gite

osk 6-mca-149-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 149 OF 2018 Shruti Avadhut Gite ...

Applicant V/s.

Avadhut Sadashiv Gite ...

Respondent • Mr.Vaibhav R. Gaikwad for the Applicant.

• Mr.Sagar Kasar for the Respondent.

• Mr.Avadhut Sadashiv Gite, Respondent in-person is present. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 2nd AUGUST, 2018.

P.C. :

1] Heard learned counsel for the Applicant and learned counsel for the Respondent.

2] Perused the 'Application' and 'Affidavit-in-Reply' filed by the Respondent.

3] Learned counsel for the Respondent fairly concedes that he has no objection to transfer Petition bearing H.M.P. No.112 of 2018 filed by the Respondent in the Family Court at Nashik to the Family Court at Bandra. However, it should be without accepting to the allegations made by the Applicant against the Respondent in the said 1/2

osk 6-mca-149-2018.odt application. Learned counsel for the Applicant also submits that without going into the allegations, on the basis of the no objection given by the Respondent, the Petition bearing H.M.P. No.112 of 2018 may be transferred.

4] In view thereof, the Misc. Civil Application is allowed and following order is passed.

(a) H.M.P. No.112 of 2018 filed by the Respondent before the Family Court at Nashik is transferred to the Family Court at Bandra.

(b) All contentions of the parties are expressly left open. (c) Both the parties to appear before the Family Court, Bandra on 15th September, 2018.

(d) The Family Court, Nashik is directed to transfer the 'Record and Proceedings' of H.M.P. No.112 of 2018 to the Family Court, Bandra, within three weeks from the receipt of this order.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2