Mrs. Jayashree Vivek Rodge v. Mr. Vivek Someshwar Rodge

46..mca.261.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 261 OF 2018 Mrs. Jayashree Vivek Rodge ... Applicant V/s.

Mr. Vivek Someshwar Rodge ... Respondent ------------------- Mr. Vikas Kolekar for the applicant.

Mr. Anish Khandekar I.by Mr. Ashwin V. Sakolkar for the respondent. --------------------- CORAM :SMT. SADHANA S. JADHAV, J DATED :12th December, 2019.

P.C. :

.

The learned counsel for the applicant submits that the respondent herein had filed H.M.P. No. 13 of 2018 on 29th January 2018 before the Civil Judge, Senior Division at Udgir, Latur. The Applicant has filed the complaint under the provisions of Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate First Class, Cantonment Court, Pune which is registered as Criminal Miscellaneous Application No. 814 of 2018. The respondent is stationed at Pune and working in Amdocs Company, Magarpatta City, Hadapsar, Pune and therefore, the application is filed seeking transfer of the proceedings from the Civil Judge, Senior Division at Udgir, Latur to the Family Court, Pune.

2.

The learned counsel for the respondent has vehemently objected to the same as according to the learned counsel the proceedings in Petition No. 13 of 2018 were filed prior in time before varsha

46..mca.261.18.doc the Court at Udgir and upon receiving summons the applicant has filed the proceedings under the Protection of Women from Domestic Violence Act, 2005 at Pune.

3.

However, taking into consideration the fact that both the parties are residing at Pune and the balance of convenience would tilt in favour of the applicant and hence the application deserves to be allowed in terms of prayer clause (a) and stands disposed of. 4.

The proceedings before the Family Court at Pune stands expedited.

(SMT. SADHANA S. JADHAV, J) varsha