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Bombay High CourtMCA/315/2019

Swati Nilsh Mane v. Nilesh Panduran Mane

2019-08-30Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION (ST.) NO. 19569 OF 2019 Swati Nilesh Mane .... Applicant V/s Nilesh Pandurang Mane .... Respondent ....

Ms. Anita Murgude i/b Ms. Ranjana Todankar for the Applicant. Mr. Nilesh Pandurang Mane, Respondent in person. ....

CORAM

: K.K.TATED, J.

DATED : 30 th AUGUST, 2019 P.C.

1.

Heard learned counsel for the Applicant and Respondent Mr. Nilesh Pandurang Mane, party in person present. 2.

By this application, under Section 24 of Civil Procedure Code 1908, applicant wife is seeking transfer of MP No. 297 of 2018 filed by Respondent-husband for divorce under Section 13(1) (i-a), (i-b) of Hindu Marriage Act 1955, before Civil Judge, Senior Division Thane to the Civil Judge, Senior Division Sangli for hearing and final disposal.

3.

Advocate for the Applicant and Respondent in person submit that, they are arrived at settlement between them.

4.

Respondent party in person has no objection to transfer the matter from Thane to Sangli for hearing on its own merits. He submits that, this Hon'ble Court be pleased to expedite the hearing of the said proceeding.

th August 5.

Both the parties submitted consent terms dated 30 2019 which reads thus.:

1.

The Applicant filed M.C.A. for transfer the matrimonial proceeding M.P. No.

297 of 2018 pending before the 6 th Civil Judge Sr. Div. At Thane, Dist.

Thane to Civil Judge, Sr. Division at Sangli.

2.

The Respondent appeared in the mater in person and agrees to transfer the matrimonial proceeding.

3.

Parties agree to expedite the hearing of matrimonial proceeding.

6.

The Respondent party in person enter in witness box and admits the execution of consent terms as well as contents of the same.

7.

Hence, by consent of both the parties, Application is allowed in terms of prayer clause 'a' reads thus:

A) "a) This Hon'ble Court may be pleased to issue appropriate direction and/or direction to transfer the matrimonial proceeding MP No.

297 of 2018 pending before the 6 th Civil Judge Sr. Division at Thane, District Thane to Civil Judge Sr. Division at Sangli."

B) Hearing of MP 297 of 2018 filed by the Respondent Mr. Nilesh Pandurang Mane under Section 13(1) (i-a), (i-b) of Hindu Marriage Act 1955, for divorce is expedited. C) This Court expect the Trial Court to decide the matter as st July 2020.

early as possible, but in any case on or before 31 (K.K.TATED, J.)