Mrs. Avantika Ashok Khanvilkar v. Mr. Ashok Sadashiv Khanvilkar

1/2 16 MCA-337.19 (40).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.337 OF 2019 Avantika Ashok Khanvilkar ..

Applicant Vs.

Ashok Sadashiv Khanvilkar ..

Respondent ...

Ms. Shweta Kamble for the Applicant.

Mr. Shanu @ Sanjay Raikar for the Respondent. ...

CORAM:

SMT. BHARATI DANGRE, J.

DATED :

11TH MARCH, 2020.

P.C:- 1.

On the previous date i.e. on 25/02/2020, my learned Predecessor (Smt. Justice Sadhana S. Jadhav) has granted time to the Applicant to seek instructions in respect of withdrawal of the Application.

2.

Today, the matter is listed before me. However, in order to afford one more opportunity to the Applicant, I permitted AJN

2/2 16 MCA-337.19 (40).odt learned counsel for the Applicant to plead her case as stated in the Application.

3.

Heard arguments. Perused the Application. The transfer is sought of a Petition being Marriage Petition No.A-2034 of 2017 filed by the Respondent-husband in the Family Court Mumbai at Bandra to the Civil Judge, Senior Division, Vasai District, Palghar. 4.

The extra ordinary jurisdiction of this Court to transfer the proceedings from one court to another under Section 24 of the Civil Procedure Code is to be exercised sparingly and only when the proceedings at one particular place unjustly affects either party. The travel between Bandra to Vasai being not difficult, on the dates of hearing of the Petition and, surely, it cannot be a ground seeking transfer of proceedings since it is very apparent that in the city of Bombay, people travel day in and day out from Vasai to Bandra. No ground of interference is made out. Misc. Civil Application is rejected.

[SMT. BHARATI DANGRE, J.] AJN