Bombay High CourtMCA/240/2014

Smt. Priyanka W/O. Premendra Ramteke v. Shri Premendra S/O. Bhuwanlal Ramteke

2015-02-24Hon'Ble Smt. Justice R.P. Sondurbaldota2 pages

Chittewan 1/2 67.mca 240-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.240 OF 2014 Smt. Priyanka w/o Shri Premendra Ramteke .. Applicant/Petitioner.

Vs.

Shri Remendra s/o. Bhuwanlal Ramteke .. Respondent Mr. Prathamesh A. Gokhale, for applicant/petitioner. Coram : Smt. R.P. SondurBaldota, J.

Date : 24th February, 2015 P.C.

1. This application is filed under Section 24 of the Code of Civil Procedure for transfer of Petition No.A626 of 2014 pending in the Family Court No.3 at Nagpur to the Family Court at Pune. During the course of the submissions, Mr. Gokhale, the learned advocate for the applicant submitted that petition may be transferred not to Pune but to Mumbai, since, the applicant is working and ordinarily residing at Mumbai. It is case of the applicant that respondent-husband is also working and residing at Mumbai. The cause title of the application gives addresses of the parties at Mumbai. The respondent has filed

Chittewan 2/2 67.mca 240-14 his affidavit-in-reply dated 09th February, 2015, in which at Para-10, he states that petition may be transferred to Family Court at Mumbai, as both parties are working in Mumbai. According to the learned advocate for applicant, as per the visiting card tendered by him, the applicant is residing at Flat No.403, Marigold Co-operative Housing Society, MHADA Building No.1, Opposite Oshiwara Police Station, Mumbai-400 102.

2. It appears that petition was filed by the respondent-husband at Nagpur, because marriage had taken place at Nagpur and applicant sought transfer to the Family Court at Pune because she has her parents residing at Pune. Considering the facts of the case, it would be in the interest of justice to transfer the proceedings to the Family Court at Mumbai. Hence, the application is disposed of with an order that petition No.A626 of 2014 pending in the Family Court No.3 at Nagpur be transferred to the Family Court at Mumbai.

(Smt. R .P. SondurBaldota, J.)