Vishal Vishwasrao Phalake v. Rupali Vishal Phalake And ANR

12.mca.384.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 384 OF 2019 Vishal Vishwasrao Phalake ... Applicant V/s.

Rupali Vishal Phalake and Anr.

...Respondents

------------------- Mr. Vaibhav Ramchandra Gaikwad for the applicant. --------------------- CORAM :SMT. SADHANA S. JADHAV, J DATED : 22nd JANUARY 2020.

P.C. :

1.

Heard 2.

Rule.

3.

Rule made returnable forthwith.

4.

The applicant herein happens to the the husband of the respondent. It is the case of the applicant that the respondent herein has filed Hindu Marriage Petition No. 204 of 2018 in the Court of Civil Judge Junior Division, Satara under section 9 of Hindu Marriage Act seeking restoration of conjugal rights. After the establishment of the family Court at Satara the proceedings are transferred to the Family Court, Satara. The applicant herein has filed Marriage Petition No. 647 of 2019 against the respondent under section 13 of Hindu Marriage Act before the Civil Judge Junior Division, Pune. 5.

The learned counsel for the applicant submits that the applicant is seeking transfer of his own petition from Pune to the varsha

12.mca.384.19.doc Family Court at Satara. In any case, the Marriage Petition under Section 9 is filed in the year 2018, whereas the divorce petition is filed in the year 2019. In the interest of justice and for the convenience of both the parties the application deserves to be allowed in terms of prayer clause (a).

6.

The application is allowed and stands disposed of. (SMT. SADHANA S. JADHAV, J) varsha