Mr. Harinarayan Rajbahadur Singh v. Mrs. Archana Harinarayan Singh

3.MCA315_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION No. 315 OF 2017 Harinarayan Rajbahadur Singh ... Applicant Vs.

Mrs. Archana Harinarayan Singh ... Respondent Mr. Sankpal Ravindra Vishnu, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 27th February, 2018.

P.C.:

The learned counsel for the applicant/husband submitted that he has moved an Application for transfer of H.M.P. No. 258 of 2015 for divorce filed in the Court of Civil Judge Senior Division, Panvel to the Family Court, Thane.

2.

The learned counsel who is appointed for respondent/wife submitted that basically the Petition for Divorce filed by the husband in Panvel Court is not maintainable on the ground of territorial jurisdiction. The learned counsel submitted that the respondent/wife has filed criminal case under section 498A and proceedings under Domestic Violence Act, which are pending in the Thane Court. 3.

The learned counsel for the applicant submitted that if the 1 / 2

3.MCA315_2017.doc Petition for divorce is transferred to Thane Court, there is no question of territorial jurisdiction.

4.

Heard the submissions of both the parties. As two proceedings are filed in the Thane Court by the respondent/wife, I think it is appropriate to transfer H.M.P. No. 258 of 2015 filed by applicant/husband to Family Court, Thane. The Family Court, Thane may endeavour to conclude the matter in one year. Parties to cooperate.

5.

Miscellaneous Civil Application is allowed and is disposed of accordingly.

(MRIDULA BHATKAR, J.) 2 / 2