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Bombay High CourtRPV/3/2018

Mr. Parag Sudhir Kinikar v. Ms. Anjali Ramkrishna Deshpande

2018-11-29Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 1_rpv_3_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.3 OF 2018 IN MISCELLANEOUS CIVIL APPLICATION NO.25 OF 2018 Parag Sudhir Kinikar

...Petitioner

Versus

Ms Anjali Ramkrishna Deshpande

...Respondent

.....

Mr. Ajinkya Udane I/b. Mr. B.A. Kulkarni and Mangesh Joshi for the Petitioner.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 29th NOVEMBER, 2018.

P.C.:- By this application the Applicant has sought review of order dated 5.10.2018 whereby this Court had allowed the transfer application filed by the Respondent-wife and had thus transferred the divorce proceedings HMP No.1100 of 2017 from Family Court, Pune to Family Court, Solapur.

2.

Heard Mr. Ajinkya Udane, the learned counsel for the Petitioner. He has stated that said order was passed ex-parte without hearing the Petitioner herein. He has submitted that the Respondentwife had suppressed the fact that she had already filed the written statement. The order dated 5.10.2018 clearly records that the Megha 1/2

Megha 1_rpv_3_2018.doc Petitioner herein had failed to remain present though he was duly served. Said transfer order was passed after considering the principles laid down by the Apex Court in Sumita Singh Vs. Kumar Sanjay and Anr. AIR 2002 SC 396. No grounds are made out for review. Hence, the application is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2