Krupali Chetan Gaikwad v. Chetan Shivaji Gaikwad

JAYARAJAN ANJAKULATH NAIR Date: 2021.11.30 10:51:45 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 46 MCA-159.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.159 OF 2021 Krupali Chetan Gaikwad ..

Applicant Vs.

Chetan Shivaji Gaikwad ..

Respondent ...

Ms. Anita Y. Murgude for the applicant.

Ms. Kavita Patil for the respondent.

The applicant and the respondent are present in the court. ...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 29TH NOVEMBER, 2021.

P.C:- 1.

On being served, the respondent has put in appearance through learned counsel.

2.

The respective counsel representing the parties are at consensus that the proceedings for divorce in the form of Regular Civil Suit No.93 of 2021 pending in the Court of Civil Judge, Senior Division, Nashik, be transferred to the Family Court at Thane. The wife has also instituted proceedings under AJN

2/2 46 MCA-159.21.odt the Domestic Violence Act being Misc. Application No.225 of 2021 before the Judicial Magistrate, Thane. The consensus arrived at between the parties is that both the proceedings are required to be transferred to the Family Court at Thane and clubbed together and the Family Court, Than be requested to collectively proceed with the aforesaid proceedings so as to avoid contradictory orders being passed. Since the consensus is expressed for transferring the proceedings, the application is allowed in terms of prayer clause (a).

3.

At the same time, the proceedings under the Domestic Violence Act being Misc. Application No.225 of 2021, which are pending before the Court of Chief Judicial Magistrate, Thane, are also directed to be transferred to the Family Court at Thane and club the same with the proceedings transferred from the Court of Civil Judge, Senior Division, Nashik. 4.

Misc. civil application is made absolute in the aforestated terms.

[SMT. BHARATI DANGRE, J.] AJN