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Bombay High CourtMCA/9/2019

Jagruti Amit Rathod v. Amit Harisingh Rathod

2018-12-19Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 14_mcast_30690_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION (stamp) NO.30690 OF 2018 Jagruti Amit Rathod ...Applicant

Versus

Amit Harisingh Rathod

...Respondent

.....

Ms Gauri Raghuwanshi for the Applicant in MCAST/30690/2018 and for the Respondent No.CAOST/36019/2018.

Ms Kirti Ahuja for the Respondent and for the Applicant in CAOST/36019/2018.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 19th DECEMBER, 2018.

P.C.:- The Applicant herein had filed this petition under Section 24 of the CPC. By this application, the Applicant-wife had sought transfer of H.M.P. Petition No.277 of 2018 pending on the file of the learned Civil Judge, Senior Division to the Court of the learned Civil Judge, Senior Division, Nandurbar.

2.

Heard the learned counsel for the respective parties. 3.

The transfer is sought mainly on the ground that the Applicant is residing at Nandurbar. The learned counsel for the Megha 1/2

Megha 14_mcast_30690_2018.doc Respondent has disputed that the Applicant is residing at Nandurbar and she has submitted that the Applicant is residing at Mira Road, which is within the jurisdiction of Thane Court. 4.

The learned counsel for the Applicant does not dispute the said statement. She submits that due to inadvertence in the cause title of the application the place of the residence is mentioned as Nandurbar. Since the Applicant is residing at Mira Road which is within the jurisdiction of Thane Court, there is no question of any hardship being caused to the Applicant. Hence, I do not find any genuine ground to transfer of H.M.P. Petition No.277 of 2018. The application is therefore, devoid of merits and hence, dismissed. (SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2