Roshni Saurabh Biyani v. Saurabh Jugalkishor Biyani

1 989 mca 216-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 MISC.CIVIL APPLICATION NO.216 OF 2022 ROSHNI SAURABH BIYANI

VERSUS

SAURABH JUGALKISHOR BIYANI ...

Advocate for Applicant : Mr. R. R. Sancheti Advocate for Respondent : Ms. Madhaveshwari S. Mhase ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 05/01/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicant is seeking transfer of HMP NO.21 of 2022 fled by respondent husband for getting divorce, from the court of CJSD, Nilanga, District : Latur to the court of CJSD, Bhokar, District : Nanded.

3.

It appears that the applicant wife has also fled as many as four proceedings against the respondent husband in Nanded District including PWDVA Case No. 9 of 2022, proceeding under Section 125 of Cr.P.C. and criminal prosecution under Section 498A of IPC in the court of learned JMFC, Umbri. Besides, the applicant has also fled proceeding for restitution of conjugal rights before the court of CJSD, Bhokar. It appears that the respondent husband has appeared in all these matters.

4.

The learned counsel for the respondent though opposed strongly, but it is now settled that if various proceedings are going on between the parties on the similar set of facts, then all such proceedings are required to be decided by one and the same court

2 989 mca 216-22 for avoiding confict of decisions. In view of the same, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The HMP No.21 of 2022, pending in court of CJSD, Nilanga, District : Latur is transferred to the court of CJSD, Bhokar, District : Nanded for its simultaneous disposal alongwith HMP NO.34 of 2022, pending therein and fled by the applicant, according to law.

(iii) The respondent is directed to appear before CJSD, Bhokar, District : Nanded on or before 25/01/2023.

(iv) The application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-