Mrs. Deepti Das v. Mr. Avinash Krishnamurthy

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38. MCA 294-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION MISC. CIVIL APPLICATION NO.294 OF 2019 Mrs. Deepti Das ...

Applicant

Versus

Mr. Avinash Krishnamurthy ...

Respondent .....

Mr.Henal Ganatra i/b Usha Tanna for the Applicant. Ms. Asha Shetty for the Respondent.

.....

CORAM : S.C. GUPTE, J.

DATE : 25 NOVEMBER 2019 P. C. :

.

This Misc. Civil Application seeks transfer of a matrimonial proceeding from the Family Court at Pune to the Family Court at Bandra, Mumbai. The Respondent-husband has filed this proceeding praying for restitution of conjugal rights. On the other hand, the Applicant has filed a divorce petition before the Family Court at Bandra, Mumbai. It is submitted the Applicant finds it extremely hard to attend the hearings of the matrimonial proceeding at Pune. The Applicant is a working lady; she has a small child of five years to look after and is residing with her old parents. She submits that the proceedings anyway will have to be heard together and it would be more convenient to have the proceedings heard together in Mumbai, since anyway the Respondent-husband comes to Mumbai every weekend for having access to the child, namely, the couple's daughter

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38. MCA 294-19.doc Ananya, who resides with the Applicant. It is submitted that the Applicant is agreeable to coordinate the dates of both matters, so as to have them heard on working Saturdays, which are also the days ot access for the Respondent. Learned Counsel for the Respondent submits that the Respondent's father is old with his leg amputated; she submits that even if the matters are to be heard together, the proceedings should be expedited. Learned Counsel for the Applicant also joins in the request. Accordingly, the Misc. Civil Application is disposed of by ordering transfer of Petition No.A-673 of 2019 from the Family Court at Pune to the Family Court at Bandra, Mumbai, to be heard along with Petition No.A-(L)4845 of 2019. The Family Court at Bandra, Mumbai is requested to dispose of the petitions as expeditiously as possible and preferably within a period of 12 months from today. Either party may bring this order to the notice of the Family Court at Bandra, Mumbai and seek directions for fixing a schedule of hearings.

All parties to act on the authenticated copy of this order. (S.C. GUPTE, J.)