Prajakta Amit Diwakar v. Amit Shyam Diwakar

mca-170-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rpa MISC. CIVIL APPLICATION NO.170 OF 2014 Prajakta Amit Diwakar .. Applicant Vs.

Amit Shyam Diwakar .. Respondent ....

Ms.Nilam S. Pawar, Advocate for the Applicant. Dr.Amit S. Diwakar, Respondent present in-person. ....

CORAM : RAVI K. DESHPANDE, J.

DATED : JUNE 12, 2015.

P.C. :

The respondent husband filed a petition for restitution of conjugal rights in the Court at Nashik bearing No.A-477 of 2012. Thereafter the applicant - wife has filed petition No.A-224 of 2013 for divorce on the ground of cruelty in the Family Court at Bandra. The applicant seeks transfer of the petition pending at Nashik to Mumbai for being tried along with the petition filed by the applicant.

I have heard the learned counsel appearing for the applicant and the respondent appearing in-person. The petition at Nashik was filed in the year 2012. The respondent has filed a written statement. The proceeding is at the final stage. Though 1/2

mca-170-14 the applicant filed petition at Mumbai in the year 2013, the present application is being moved after a lapse of about a year. In the facts and circumstances of the case, I do not find any reason to grant the relief of transfer. The application is dismissed accordingly.

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