Bombay High CourtWP/1158/2018disposed of

Nirjala Dabolkar., v. Amit Dabolkar.,

2019-03-27Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1158 OF 2018 NIRJALA DABOLKAR., ... Petitioner

Versus

AMIT DABOLKAR., ... Respondent Shri Salil Saudagar, Advocate for the Petitioner. Coram:- NUTAN D. SARDESSAI, J.

Date:- 27th March 2019 ORAL ORDER :

Heard Shri Salil Saudagar, learned Advocate for the petitioner.

2. None for the respondent despite due opportunity time and again.

3. i have considered the grounds urged in the application wherein it is spelt out that the petitioner had filed the matrimonial proceedings for divorce apart from the proceedings under the Domestic Violence Act against the respondent before the Court of the Senior Civil Judge, Mapusa and JMFC, Mapusa and which were contested by the respondent without any objection. It is also brought to the attention of this Court that the respondent had filed a separate suit for divorce on the grounds of

WP/1158/2018 cruelty but before the Court of the Senior Civil Judge, Vasco. The petitioner is gainfully employed and has a minor son to take care of and the the respondent is otherwise settled abroad in the course of his vocation. There has been no participation by the respondent in these proceedings nor any opposition thereto and therefore i am satisfied that a fit case has been made out by the petitioner for transfer of the proceedings from the Court of the Senior Civil Judge, Vasco to that of the Court of Senior Civil Judge, Mapusa in the Matrimonial Petition No.30/2018/B.

4. In these terms, the petition shall stand disposed off. The parties are directed to appear in the said matrimonial suit before the Court of the Senior Civil Judge, Mapusa 'C' Court which is seized of the Matrimonial Petition No.42/2016 filed by the petitioner herself.

NUTAN D. SARDESSAI, J.