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Bombay High CourtMCA/28/2022disposed off

Mrudula Anil Mohite v. Anil Rajendra Mohite

2023-03-30Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.04.01 10:34:57 +0530 Uday S. Jagtap UDAY SHIVAJI JAGTAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 28 OF 2022 Mrs. Mrudula Anil Mohite .. Applicant Vs.

Mr. Anil Rajendra Mohite .. Respondent .....

Mr. Yashodeep Deshmukh i/b Mr. Vinod Sangvikar for the applicant Mr. Mahindra Deshmukh for the respondent .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 30th MARCH, 2023 P.C.

1.

By this application the applicant-wife made the following substantive prayers, which read thus :- "(a) Application may kindly be allowed.

(b) Record and proceedings may kindly be called.

(c) This Hon'ble Court may kindly be pleased to transfer the Hindu Marriage Petition No.348 of 2019 from Hon'ble Civil Judge, Senior Division, Karad, Dist. Satara to the Hon'ble Family Court, Pune or Hon'ble Civil Judge, Senior Division Court, Pune, Dist. Pune.

(d) Pending the hearing and final disposal of the present

Miscellaneous Civil Application, this Hon'ble Court may be pleased to stay the further proceedings in Hindu Marriage Petition No.348 of 2019 before the Hon'ble Civil Judge, Senior Division, Karad, Dist. Satara.

(e) This Hon'ble Court may kindly be pleased to transfer the Regular Criminal Case No.150 of 2021 from the Hon'ble Judicial Magistrate, First Class Court, Karad, Dist. Satara to Chief Judicial Magistrate, Pune. (f) Any other order in the interest of justice may be passed.

(g) Costs be provided for.

(h) For such other further order as this Hon'ble Court may deem fit and proper pleased to pass in the peculiar facts and circumstances of the case."

2.

The learned Counsel for the parties after taking instructions agreed that the application can be allowed in terms of prayer clause (c) only.

3.

As such, the application is allowed in terms of prayer clause (c).

4.

The Hindu Marriage Petition No.348 of 2019 pending on the file of Civil Judge, Senior Division, Karad stands transferred to the Family Court, Pune. Learned Counsel for the applicant has not pressed rest of the prayers.

5.

The application is disposed of in the aforesaid terms. (PRITHVIRAJ K. CHAVAN, J.)