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Bombay High CourtMCA/108/2016disposed offdismissed for default

Anurag S/O Pramod Kulkarni v. Rucha D/O Ganesh Bhusari@ Rucha W/O Anurag Kulkarni

2016-08-30Hon'Ble Shri Justice Sunil P. Deshmukh3 pages

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO.108 OF 2016 Anurag s/o Pramod Kulkarni APPLICANT Age - 30 years, Occupation - Service, R/o 'Ameya', Saraswati Colony, Near Railway Station, Old Jalja, Jalna

VERSUS

Rucha d/o Ganesh Bhusari @ RESPONDENT Rucha w/o Anurag Kulkarni, Age - 27 years, Occupation-Nil R/o 204-B, Ramanand Nagar, Pawadewadi Road, Nanded District - Nanded .......

Mr. Kshitij Surve, Advocate for the applicant Mr. M. D. Narwadkar h/f MR. S. V. Kurundkar, Adv for respondent .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 30 th AUGUST, 2016 ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith and heard learned advocates for the parties finally with consent. 2.

Pursuant to order dated 26th February, 2014 in

{2} Miscellaneous Civil application No.1 of 2014, Hindu Marriage Petition between the parties hereto had been transferred to the court of civil judge, senior division, Nanded. Subsequent to this transfer, it transpires that family court is available at Nanded. 3.

In view of aforesaid a civil application had been moved before this court for modification of the order, requesting to further transfer the proceedings from the court of civil judge, senior division, Nanded to family court, Nanded. However, in view observations of the high court in paragraphs No.4 and 5 of the order dated 5th April, 2016 in civil application No.1803 of 2016, the applicant is before this court in miscellaneous civil application.

4.

Since this court appears to have already charted the course of decision in the civil application, having regard to reasons appearing in paragraph No.4 of order dated 5th April, 2016 in Civil Application No.1803 of 2016, the Miscellaneous Civil Application stands granted. Rule is made absolute in terms of prayer clause "A". Miscellaneous Civil Application stands disposed of.

5.

Mr. Narwadkar, learned advocate holding for Mr. Kurundkar, learned advocate for the respondent purports to make certain

{3} requests in respect of conducting the proceedings. It is open for the respondent to take up the matter before the Family Court to be decided in accordance with facts and law.

[SUNIL P. DESHMUKH, J.] drp/mca108-16