Aarti Girish Tambe @ Aarti Ramesh More v. Mr. Girish Shankar Tambe

29. MCA-222-2021.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 222 OF 2021 by BHARAT DASHARATH PANDIT Date: 2022.02.21 16:59:12 +0530 AARTI GIRISH TAMBE @ AARTI RAMESH MORE ....Applicant V/s GIRISH SHANKAR TAMBE ....Respondent.

--- Mr. Ravindra Pal i/b Mr. Ravindra V. Sankpal for the Applicant. Mr. Abhishek Patil for the Respondent.

--- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 18, 2022 P.C.:- 1] Section 9 Application for restitution of conjugal rights is pending at the behest of the Applicant at Pune Court which is duly attended by the non-applicant, whereas non-applicant'

s proceedings for divorce are pending on the file of the Family Court, Thane. 2] Since both these proceedings are based on similar set of facts and evidence, to avoid overlapping of the findings and for convenience of the Applicant, though resisted by non-applicant this Application is allowed on the ground of hardship to the Applicant and judicial discipline in terms of prayer clause (a). Prayer clause (a) reads as under:- 1/2

29. MCA-222-2021.doc "a. That Marriage Petition No.A-185 of 2021 pending be withdrawn from the Board of First Family Court, Thane and be transferred to third Family Court at Pune, where a Petition No.A-1607 of 2021 for Restitution of Conjugal Rights u/s. 9 of the Hindu Marriage Act, 1955 is pending for adjudication on merits."

3] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2