← Library
Bombay High CourtMCA/1064/2023allowed

Mrs Snehal W/O Vivek Ubarhande v. Mr. Vivek Eknath Ubarhande

2023-11-02Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 27 mca 1064-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR.) NO.1064/2023 Mrs. Snehal w/o Vivek Ubarhande Vs.

Mr. Vivek Eknath Ubarhande - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms D.V. Sapkal, Advocate for applicant Shri S.D. Deoras, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

02/11/ Leave to amend prayer Clause is granted.

2.

Amendment be carried out forthwith.

3.

It appears that earlier vide order dated 27/10/2021, matter was transferred from Family Court, Nagpur to Family Court, Buldhana. However, it is admitted position that Family Court, Buldhana is not having jurisdiction to try the suit as applicant is residing out of the limits of Family Court, Buldhana. There is already one matter pending before the Civil Judge, Senior Division, Buldhana vide No.25/2022.

4.

The learned Counsel for respondent also fairly stated that the Family Court, Buldhana may not be having jurisdiction as Civil Judge,

2 27 mca 1064-2023 Senior Division, Buldhana is having the same. As such, I proceed to pass the following order:

ORDER

i) The application is allowed.

ii) The pending proceedings i.e. Petition No.A-31/2022 (old No. Petition A-1039/2019) pending on the file of learned Family Court, Buldhana is hereby withdrawn and transferred to Civil Judge, Senior Division, Buldhana.

iii) The learned Principal Judge, Family Court, Buldhana is hereby requested to facilitate the transfer.

iv) After the matter is transferred, the learned Civil Judge Senior Division, Buldhana to tag both the matters and expedite the same.

The application stands disposed of accordingly.

JUDGE R.S. Sahare