Rekha Shailesh Marathe (Miss Rekha Gajanan Joshi) v. Shailesh Vijay Marathe

1 cao107.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO.107 OF 2020 IN M.C.A. NO.104 OF 2018 (D) (Rekha Shailesh Marathe ..vs.. Shailesh Vijay Marathe) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri R.G. Kavimandan, Counsel for the applicant, Smt. P.M. Chandekar, Counsel for the non-applicant. CORAM : M.G. GIRATKAR, J.

DATED : 05-02-2020 This Court has passed order on 30-8-2019 and allowed the application. Hindu Marriage Petition No.A1300/2017 pending before the Family Court, Pune was transferred to the Civil Judge (Senior Division), Malkapur, District - Buldhana. Both learned Counsel have submitted that Civil Judge (Senior Division), Malkapur has no jurisdiction as it is a petition initiated under Section 25 of the Special Marriage Act and the jurisdiction is with the District Judge, Buldhana under Section 31 of the said Act. Therefore, both parties pray to correct the order dated 30-8-2019.

2.

Miscellaneous Civil Application No.104/2018 was allowed in presence of parties. There is no mistake in the impugned order. But looking to the joint submission, correction is made that "H.M.P. No.A-1300 of 2017 pending before the Family Court, Pune is hereby

2 cao107.20 transferred to District Judge, Buldhana." The District Judge, Buldhana is directed to decide the petition as early as possible within a period of one year. 3.

Application is disposed of.

JUDGE adgokar