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Bombay High CourtMCA/86/2018disposed off

Smt. Yashshree Nitin Karande v. Shri. Nitin Raman Karande

2018-04-02Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

27.MCASt.33730_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION (St.) NO. 33730 OF 2017 Smt. Yeshshree Nitin Karande ... Applicant vs.

Nitin Raman Karande ... Respondent Mr. Ashok B. Tajane, Advocate for the applicant. None present for the respondent.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 2nd April, 2018.

P.C.:

This Application is moved by the applicant/wife under section 24 of the Code of Civil Procedure for transfer of Marriage Petition No. 1101 of 2017 filed by the respondent, which is pending in the Court of Civil Judge Senior Division, Pune to the Family Court at Solapur. 2.

Office remarks shows that notice issued to the respondent returned unserved with bailiff remark "respondent not found on given address, hence not served". However, the counsel for the respondent, who is appearing for the respondent, is also not present today.

3.

The learned counsel for the applicant submitted that the applicant/wife has filed the Petition No. 19 of 2016 for restitution of 1 / 2

27.MCASt.33730_2017.doc conjugal rights in the Family Court at Solapur. He submitted that the applicant is looking after minor son of the couple, who is 1 year 9 months old. He submitted that it is not possible for the applicant/wife to attend the Court dates at Pune from Solapur along with her minor son. Hence, he prays that Marriage Petition No. 1101 of 2017 filed by the respondent in the Court of Civil Judge Senior Division, Pune be transferred to the Family Court at Solapur. 4.

In view of the unconverted submissions and considering the health, care and convenience of the minor son, who is 1 year and 9 months old, the Marriage Petition No. 1101 of 2017 filed by the respondent, which is pending in the Court of Civil Judge Senior Division, Pune is hereby transferred to the Family Court at Solapur. Parties to appear before the assigned Family Court, Solapur on 23rd April, 2018 at 11 a.m.

5.

Miscellaneous Civil Application is disposed of. (MRIDULA BHATKAR, J.) 2 / 2