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Bombay High CourtMCA/23/2019

Mrs. Nikita Alias Kavita Siddharth Jadhav v. Mr. Siddharth Vishram Jadhav

2019-10-01Hon'Ble Shri Justice K.K. Tated2 pages

10 MCA 23-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 23 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s orders.

Kalpesh Patil for the Applicant.

Samrat Thakkar i/b Jaideep Thakkar for Respondent.

CORAM: K.K.TATED, J.

DATED : OCTOBER 1, 2019 P.C.

1 Heard Learned Counsel for the parties.

2. The affidavit in reply filed by the Respondent is taken in record. Both the Counsels submitted the consent terms duly signed by them. The same is taken on record and marked '

X' for identification which reads thus:

"1.That the Applicant wife has filed the present application seeking transfer of the divorce proceedings bearing Marriage Petition no. 421/2018, filed by the Respondent husband, before the Civil Judge Senior Division, Thane at Thane to the Court of Civil Judge Senior Division, Washim

2. That Simultaneously, proceeding under protection of domestic violence Act bearing no Criminal Misc Application no. 26/2018 along with proceedings under section 125 of Code of Criminal Procedure, 1973 is also being tried on behest of the Applicant wife before Judicial Laxmi 1/2

10 MCA 23-19.doc Magistrate First Class, Risod, Dist: Washim.

3. That Respondent in his affidavit in reply has stated that he has no objection if the Marriage petition bearing no. 421/2018 filed by him is transferred from Civil Judge Senior Division, Thane at Thane to the Court of Civil Judge Senior Division, Washim. But also prays to this Honourable Court that the domestic violence proceeding bearing no Criminal Misc Application No 26/2108 before the Judicial Magistrate First Class, Risod, Dist: Washim, as well as maintenance proceeding bearing Misc Criminal case no 164 /2108 under section 125 of Criminal Procedure code tried before Judicial Magistrate First Class Risod, Dist: Washim filed by the Applicant wife be clubbed along with the marriage petition filed by the Respondent Husband and be tried before Court of Civil Judge Senior Division, Washim.

4. That today on 1/10/2019 the matter had come up for hearing Before Justice Tated, that upon instructions as well as in interest of all the parties related to the present dispute. The parties through their respective advocates have agreed to transfer all the matters be heard together and clubbed before Court of Civil Judge Senior Division, Washim in interest of all the parties, to prevent future hardships and in order to reach ends of Justice. Both the parties doth hereby agree to have no-objection for all the matters above mentioned be clubbed and heard together before Court of Civil Judge Senior Division, Washim.

5. Hence both the parties through their Advocates are filing the present Consent terms."

3. Misc. Civil Application stands disposed of in terms of consent terms.

4. No order as to costs.

(K.K.TATED, J.) Laxmi 2/2