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Bombay High CourtMCA/205/2019application allowed

Priyanka Rameshwar Kedar Alias Priyanka Bhalchandra Kande v. Rameshwar Bharat Kedar

2022-01-10Hon'Ble Smt. Justice Bharati Harish Dangre2 pages

1 81MCA205.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

MISC. CIVIL APPLICATION NO. 205 OF 2019 Priyanka Rameshwar Kedar ...Applicant

Versus

Rameshwar s/o Bharat Kedar

...Respondent

.....

Mr. N. C. Garud h/f Mr. A. A. Munde, Advocate for the applicant Mr. V. A. Mundhe h/f Mr. M. S. Karad, Advocate for the respondent .....

CORAM : BHARATI H. DANGRE, J.

DATE : JANUARY 10TH, 2022 PER COURT : - 1.

The applicant/wife is seeking transfer of the proceedings in the form of HMP No. 234/2018 filed by the husband in the Court of Civil Judge Senior Division, Panvel, Dist. Raigad, to the Family Court at Aurangabad.

2.

I need not deliberate on the merits of the application since the learned Counsel for the respondent, who has put an appearance, accorded his consent for transferring the HMP No. 234/2018 filed by him for dissolution of marriage, to be transferred to the Family Court at Aurangabad, where the Petition No. A-267/2018 filed by the applicant is already pending.

SG Punde, PA

2 81MCA205.2019 3.

On account of the no-objection given by the respondenthusband for transferring the proceedings at Panvel to the Family Court at Aurangabad, the Misc. Civil Application stands allowed in terms of prayer clause 'B'.

4.

The Civil Judge Senior Division at Panvel, Dist. Raigad shall take immediate steps to transmit the record of HMP No. 234/2018 pending on it's file to the Family Court at Aurangabad. The learned Presiding Judge of the Family Court, Aurangabad is requested to preferably assign the HMP No. 234/2018 and Petition No. A267/2018 to the same Judge of the Family Court so that no conflicting orders are be passed and the proceedings can be curtailed by permitting leading of common evidence, if any. Since both the proceedings are pending for more than three years being instituted in the year 2018, the learned Judge of the Family Court is also requested to expeditiously conclude the same, which would be preferably done within a period of one year. Needless to state that both the parties will render their cooperation to the Family Court, in its disposal.

[ BHARATI H. DANGRE ] JUDGE SG Punde, PA