Mrs. Seema Abhay Mule v. Mr. Abhay Prabhakar Mule And ANR

Megha 25_mca_283_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.283 OF 2018 Seema Abhay Mule ...Applicant

Versus

Abhay Prabhakar Mule

...Respondent

.....

Ms Bagkar I/b. M/s. Bagkar and Co. for the Applicant. Mr. Deepak Devkar for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 19th DECEMBER, 2018.

P.C.:- By this application the aforesaid Applicant-wife has sought to transfer the DV Cri.M.A. No.1100032 of 2015 filed before the learned Jt. C.J.JD and J.M.F.C., 12th Court at Vashi to the learned 7th Family Court, Bandra, Mumbai.

2.

Heard the learned counsel for the respective parties. Perused the records.

3.

Main ground for seeking transfer is that the M.J. Petition No.A 26 of 2015 is already pending before the Family Court, Bandra and it will be convenient for the Applicant to travel to Bandra rather Megha 1/2

Megha 25_mca_283_2018.doc than attend the proceedings at Belapur i.e. before the learned J.M.F.C., Vashi.

4.

It is not in dispute that the Applicant is residing at Seawood Darave, Navi Mumbai, whereas the DV proceedings are pending at Belapur. The distance between place of the resident of the Applicant and the court of J.MF.C., Vashi is barely about 5 kms. Hence, in my considered view there is no question of causing any hardships to the Applicant. The DV proceedings are required to be disposed of expeditiously and within a period of six months. Transfer of the D.V. Act proceedings to Bandra, will delay disposal of these proceedings. 5.

Considering the above facts and circumstances, the application is dismissed. Nevertheless, directions are given to the learned Jt. C.J.J.D and J.M.F.C., 12th Court, at Vashi to dispose of the proceedings being DV Cri.M.A. No.1100032 of 2015 as expeditiously as possible and in any event within the period stipulated under the Act. (SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2