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Bombay High CourtMCA/18/2020application allowed

Asha Nikhil Gavle v. Nikhil Gulabrao Gavle

2022-04-26Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

1 934MCA18.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

MISC. CIVIL APPLICATION NO. 18 OF 2020 Asha w/o Nikhil Gavle ...Applicant

Versus

Nikhil s/o Gulabrao Gavle

...Respondent

.....

Mr. Anand V. Patil (Indrale), Advocate for the applicant Mr. Ganesh B. Patunkar, Advocate for the respondent .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : APRIL 26TH, 2022 PER COURT : - 1.

Heard learned counsel for the applicant and the respondent.

2.

This is an application under Section 24 of the Code of Civil Procedure by the applicant/wife for transferring the Hindu Marriage Petition No. 1457 of 2018 filed by the respondent-husband in the court of Civil Judge Senior Division at Pune. 3.

The applicant has filed the proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005, bearing PWDVA No. 353 of 2018 in the court of Judicial Magistrate First Class, Aurangabad. The applicant has also filed a proceeding under Section 125 of the Code of Criminal Procedure in the Family Court at Aurangabad.

SG Punde

2 934MCA18.2020 4.

The learned Counsel for the respondent-husband has no objection to transfer Hindu Marriage Petition No. 1457 of 2018 from the court of Civil Judge Senior Division at Pune to the Family Court at Aurangabad.

5.

As such, the application is allowed.

6.

Hindu Marriage Petition No. 1457 of 2018 pending in the court of Civil Judge Senior Division at Pune shall stand transferred to the Family Court at Aurangabad.

7.

Both the petitions shall be disposed off expeditiously by the Family Court, Aurangabad, as far as possible by giving a single date in both the matters.

8.

The parties shall cooperate in disposing off all the matters pending before different courts at Aurangabad. 9.

The application stands disposed off in the aforesaid terms. [ PRITHVIRAJ K. CHAVAN ] JUDGE SG Punde