Mrs. Pushpa Muktiram Gore v. Mr. Muktiram Ramchandra Gore

Tapadia RR/B.33 MCA/8//2015

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 8 OF 2015 Mrs.Pushpa Muktiram Gore ...

Applicant Vs.

Mr. Muktiram Ramchandra Gore ...

Respondent Mr. Raviraj S. Gamare, Advocate for Applicant. Mr. Padmakar Garad, Advocate for Respondent.

CORAM : R. G. KETKAR, J.

DATE : 13.04.2015 P.C. :

1.

Heard Mr.Raviraj Gamare, learned Counsel for the applicant and Mr. Padmakar Garad, learned counsel for the respondent. 2.

By this application under Section 24 of the Code of Civil Procedure, 1908, the applicant-wife has sought transfer of Miscellaneous Civil Application No.60 of 2014 pending before the learned District Judge-1, Majalgaon, Dist-Beed to Family Court at Bandra, Mumbai.

3.

In support of this application, Mr. Gamare submitted that by order dated 30/10/2014 passed by this Court in Misc. Civil Application No.6 of 2014, this Court transferred Hindu Marriage Petition No.37 of 2013 filed by the respondent in the Court of Civil Judge, Senior Division, Majalgaon, Dist-Beed to Family Court at Bandra, Mumbai. He submitted that the respondent has instituted Misc. Civil Application No.60 of 2014 under sections 6 and 13 of the Hindu Minority and Guardianship Act, 1890. The same may also be transferred to the Family Court at Bandra.

4.

Mr. Garad submitted that upon such transfer, the respondenthusband will take out appropriate proceedings for clubbing all three 1/2

Tapadia RR/B.33 MCA/8//2015 proceedings pending between the parties together. 5.

In view thereof and for the reasons stated in the application, I am satisfied that the applicant has made out a case for transfer of the proceedings of Misc. Civil Application No.60 of 2014 from District Court, Majalgaon, Dist-Beed to Familay Court at Bandra,Mumbai. Hence, Miscellaneous Civil Application is allowed in terms of prayer clause (a), with no order as to costs.

6.

Proceedings of Misc. Civil Application No.60 of 2014 pending on the file of learned District Judge-1, Majalgaon, Dist-Beed shall stand transferred to the Family Court at Bandra, Mumbai. 7.

All the parties including the learned District Judge-1, Majalgaon will act upon the authenticated copy of this order and shall transmit Record and proceedings of Misc. Civil Application No.60 of 2014 to the Family Court, Bandra, Mumbai forthwith. After the proceedings are transferred, respondent is at liberty to move the Family Court, Bandra for clubbing all the proceedings pending between the parties together. Order accordingly.

(R. G. KETKAR, J.) 2/2