Mrs. Rasika Ashish Sawant v. Shri Ashish Shantaram Sawant

mca-173-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rpa MISC. CIVIL APPLICATION NO.173 OF 2014 Mrs.Rasika Ashish Sawant .. Applicant Vs.

Ashish Shantaram Sawant .. Respondent ....

Mr.Uday B. Nighot, Advocate for the Applicant. Mr.A.S. Sawant, Respondent present in-person. ....

CORAM : RAVI K. DESHPANDE, J.

DATED : JUNE 12, 2015.

P.C. :

Admit.

Heard the learned counsel appearing for the applicant and the respondent appearing in-person. This application under Section 24 of the Code of Civil Procedure seeks transfer of Marriage Petition No.34 of 2013, pending in the Court of Civil Judge, Senior Division, Vasai to the Court of Civil Judge Senior Division at Thane. The applicant has filed Petition No.199 of 2013, which is pending in the Court of Civil Judge Senior Division at Vasai for divorce whereas the petition sought to be transferred is for restitution of conjugal 1/2

mca-173-14 rights. It would be convenient for both the parties that both the parties are heard by the same Court at the same place. The minor child is living with the applicant and the applicant is in service. The respondent is an Architect by profession. Hence, looking to the convenience of the wife, the matter is required to be transferred.

In the result, the application is allowed.

The Marriage Petition No.34 of 2013 pending in the Civil Court Senior Division at Vasai be transferred the the Civil Court Senior Division at Thane to be tried along with Petition No.199 of 2013.

No order as to costs.

(RAVI K. DESHPANDE, J.) 2/2