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Bombay High CourtMCA/264/2018

Disha Wife Of Suraj Sharma v. Suraj Mewalal Sharma

2019-11-06Hon'Ble Shri Justice S.C. Gupte3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.264 OF 2018 Disha Wife of Suraj Sharma ..Applicant V/s.

Suraj M. Sharma ..Respondent ---- Mr.Digajmaan G. Mishra a/w Mr.Suraj R. Vishwakarma i/b SRV Legal LLP for the Applicant.

Ms.Shradha Kulkarni for the Respondent.

---- CORAM : S.C. GUPTE, J.

DATE : 06th NOVEMBER 2019 P.C.

1.

The Miscellaneous Civil Application is for transfer of Matrimonial Proceeding from the Court of Civil Judge Senior Division, Pune to the Family Court, Bandra, Mumbai. 2.

Considering the fact that there are two matrimonial proceedings between the same parties pending in Mumbai, both filed at the instance of the applicant-wife, and the applicant is making a commitment that she will co-operate with the respondent for coordinating the dates of both proceedings in Mumbai, learned counsel for the respondent has no objection if the proceeding in Family Suit No.1498 of 2017 is transferred from the Court of Civil N.S. Kamble page 1 of 3

Judge Senior Division, Pune to the Family Court at Bandra so as to be clubbed and heard together with the petition for restitution of conjugal rights, being Marriage Petition No.2250 of 2018, filed by the applicant which is pending before the Family Court at Bandra, Mumbai. It is ordered accordingly. The Family Court at Bandra, Mumbai, shall club the two matters, namely, Marriage Petition No.2250 of 2018 and Marriage Petition No.1498 of 2017 to be transferred from the Court of Civil Judge Senior Division, Pune to it and hear them together.

3.

The applicant undertakes to the Court that she will cooperate with the respondent so as to co-ordinate the dates of the pending proceedings before the Court of Metropolitan Magistrate at Borvali, Mumbai (D.V. Complainant No.146 of 2018) and the two matrimonial proceedings to be heard together at Family Court, Bandra, Mumbai.

4.

Learned counsel for the applicant states that the D.V. proceedings before the Borvali Court are usually in the morning session and accordingly, hearings may be fixed before the Family Court at Bandra, Mumbai in the two matrimonial petitions in the afternoon sessions. The respective Courts are requested to N.S. Kamble page 2 of 3

accordingly organize hearing of the matters.

5.

The Miscellaneous Civil Application is disposed of accordingly.

(S.C. GUPTE, J.) N.S. Kamble page 3 of 3