Madhuri Nilesh Dange v. Nilesh Shivaji Dange

Shantanu Dhudum 51-MCA-106-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 106 OF 2023 Madhuri Nilesh Dange ....Applicant

Versus

Nilesh Shivaji Dange ....Respondent ----- Mr. Satish S. Raut, Advocate for the Applicant. Ms. Surbhi Agrawal, Advocate for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date: 2024.01.12 18:08:16 +0530 SHANTANU SHANKARSA DHUDUM DATE : 11th JANUARY, 2024.

P.C. :

1.

Heard learned counsel for the Applicant and learned counsel for the Respondent.

2.

Learned counsel for the Applicant submits that Respondent has filed proceedings under Restitution of Conjugal Rights, which is pending at Civil Judge, Senior Division, Pandharpur, be transferred to Family Court Pune, where Applicant stays and Applicant has filed petition for divorce, which is pending at Family Court, Pune. Learned counsel further submitted that Respondent stays at Pune. Hence, 1/2

Shantanu Dhudum 51-MCA-106-2023.doc requested to allow the Application.

3.

It is contention of learned counsel for the Respondent that initially the Respondent has filed petition for Restitution of Conjugal Rights at Pandharpur and to counter the said proceedings, wife has filed divorce petition at Pune. The stay of the Respondent at Pune is temporary. The Respondent is ready to pay travelling allowances to the Applicant. Hence, requested to reject the Application. 4.

I have heard both learned counsel. The proceedings filed by the Applicant are pending at Pune. The Respondent also stays at Pune. Considering this facts, I pass following order:

ORDER

i. Application is allowed.

ii. The Petition pending at Civil Judge Senior Division, Pandharpur filed by the Respondent be transferred to Family Court, Pune.

iii. Application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2