Rupali Satish Mane v. Satish Shivram Mane

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24. MCA 260-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.260 OF 2015 Rupali Satish Mane ...

Applicant

Versus

Satish Shivram Mane ...

Respondent .....

Mr. Kuldeep U. Nikam for the Applicant.

Mr. Vaibhav R. Gaikwad for the Respondent.

.....

CORAM : S.C.GUPTE, J.

DATE : 8 MARCH 2017 P.C. :

.

This misc. civil application seeks transfer of matrimonial proceedings filed by the Respondent before the Court of Civil Judge, Senior Division at Karad to the Court of Civil Judge, Senior Division at Sangli. The application is on the footing that the Applicant's complaint under the provisions of the Protection of Women from Domestic Violence Act, 2005 ("DV Act"), which is prior in point of time, is pending before the Court of JMFC at Sangli and that the marriage petition for divorce is filed by the Respondent as a counter blast. The Applicant states that she does not have any income and has to depend on her parents for her living. Learned Counsel for the Applicant submits that his client is agreeable to have proceedings under the DV Act transferred to the Court of Civil Judge, Senior Division at Sangli, so that the two proceedings could be heard together. Learned Counsel for the Respondent opposes the misc. civil application. On the facts noted above, it is in the interest of justice that the

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24. MCA 260-15.doc pending proceedings before the Court of Civil Judge, Senior Division at Karad, are transferred to the Court of Civil Judge, Senior Division at Sangli, so that the two proceedings, which involve common questions and which may call for common evidence, may be conveniently heard by one Court. Accordingly, misc. civil application is allowed in terms of prayer clause -(b). It is also ordered that the Miscellaneous Application under the DV Act filed by the Applicant shall be transferred to the Court of Civil Judge, Senior Division at Sangli.

(S.C. GUPTE, J.)