Jitendra Harishchandra Pabrekar v. Aarti Jitendra Pabrekar

52-wp-12504-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12504 OF 2022 Jitendra Harishchandra Pabrekar

...Petitioner

Versus

Aarti Jitendra Pabrekar

...Respondent

---- Mr.Aloukik R. Pai, for the Petitioner.

Ms.Pooja Phagnekar i/b Mr.Nitesh Mohite, for the Respondent. ---- CORAM : S.G. DIGE, J.

by NILAM SANTOSH KAMBLE Date: 2022.12.21 17:28:56 +0530 NILAM SANTOSH KAMBLE DATE : 20 DECEMBER 2022 P.C:- .

Rule. Rule made returnable forthwith. Heard finally at the stage of admission by consent of parties. 2.

The learned counsel for the Petitioner submit that the Petitioner has filed Petition against the Respondent for divorce which is pending before the Family Court at Bandra at Court No.2. At present the said Court is vacant. The Petitioner has filed Exhibit-29,30 and 31 in the said Petition. The in-charge Court is not passing order on the said Applications, stating that it pertains to the vacant Court. Hence, requested that direction be given to the family Court to decide the Applications filed by the Petitioner.

N.S. Kamble page 1 of 2

52-wp-12504-2022.doc 3.

The learned counsel for the Respondent submit that Exhibit-31 is in respect of the complying the order passed by the Hon'ble Apex Court. The Respondent is complying the said order by filing affidavit on 6 January 2023 which is scheduled date before the Family Court.

4.

I have heard both learned counsel.

5.

The Petitioner has filed Application's before the Family Court. The Court where the Petitioners Application's are pending is vacant. The Principal Judge, Family Court is requested to transfer the Petition of Petitioner alongwith Application's to any regular Court and decide the pending Application of the Petitioner as early as possible. The Petition is disposed of. 6.

Rule is discharged. No order as to costs.

(S.G. DIGE, J.) N.S. Kamble page 2 of 2