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Bombay High CourtMCA/18/2018disposed off

Anuradha Ravindra Vanmore v. Ravindra Ramchandra Vanmore

2021-10-13Hon'Ble Shri Justice Mangesh S. Patil2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 MISC.CIVIL APPLICATION NO.18 OF 2018 ANURADHA RAVINDRA VANMORE

VERSUS

RAVINDRA RAMCHANDRA VANMORE ...

Advocate for Applicant : Mr. A. M. Gandhi ...

CORAM : MANGESH S. PATIL, J.

DATED : 13/10/2021 PER COURT :- 1.

This is a proceeding under Section 24 of the Code of Civil Procedure seeking transfer a proceeding instituted by the respondent from the court at Pune to a court of competent jurisdiction at Kopargoan.

2.

Respondent has fled reply and in paragraph no. 7 he has stated that even the petitioner has preferred divorce proceeding bearing HM Petition No. 40 of 2020 which is pending in the court of Civil Judge Senior Division, Kopargaon and he has appeared in that proceeding. He has further mentioned that since now that divorce proceeding initiated by the petitioner is pending in the court at Kopargaon he intends to withdraw the marriage petition No. 1448 of 2017 fled by him at Pune which is subsequently transferred to the Family Court in Pune. He has further

934 mca 18-18 mentioned that he is unable to withdraw that petition since interim relief is operating in the present matter by virtue of the order dated 6th March 2018.

3.

In view of above state of afairs, since the respondent is now intending to withdraw the marriage petition pending at Pune, nothing survives for being transferred as per the request of the applicant. In case, he fails to withdraw the petition, she may once again seeks its transfer.

4.

Miscellaneous Civil Application is disposed of accordingly. (MANGESH S. PATIL, J.) vsm/-