Vijaykumar Nagnath Banpure v. Poojarani Vijaykumar Banpure

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.320 OF 2022 Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.09.16 11:57:45 +0530 Vijaykumar N. Banpure ..... Applicant Vs.

Poojarani V. Banpure ....Respondent SHAMBHAVI NILESH SHIVGAN ....

Mr. Anvil S. Kalekar for the Applicant.

CORAM:

SANDEEP K. SHINDE, J.

DATED :

SEPTEMBER 15, 2022 P.C.

1.

Heard Mr. Salekar, learned counsel for the Applicant. 2.

Applicant is husband of the non-applicant.

3.

Applicant seeks transfer of the proceedings in the D.V.Application No.115 of 2019 filed by the non-applicant/wife from the Court of Judicial Magistrate, First Class, Osmanabad to the Family Court at Solapur. Alternatively, Applicant seeks transfer of the D.V. Application No.115 of 2019 filed by the respondent and pending before the Judicial Magistrate, First Class, Osmanabad to Family Court at Osmanabad and tried with the Petition No.25 of 2021 filed by him before the Family Court, 1/3

Solapur.

4.

Non-applicant has been served. She has filed her reply in Registry through post. It is taken on record. 5.

Non-applicant in her reply consented for transfer of the proceedings in D.V. Application No.115 of 2019 to the Family Court at Osmanabad and to be heard with the Petition No.A-25 of 2021 filed by the applicant in the Family Court at Solapur. 6.

In consideration of the facts of the case and the reply filed by the non-applicant, application is partly allowed. Hence, following order;

ORDER

(i) Petition No.A-25 of 2021 filed by the Applicant before the Family Court, Solapur is transferred to the Family Court at Osmanabad. (ii) D.V.Application No.115 of 2019 filed by the Respondent/Wife, is transferred from the Court of Judicial Magistrate, First Class, Osmanabad to the Family Court at Osmanabad.

(iii) The learned Judge Family Court, Osmanabad shall try both these proceedings together.

(iv) Applicant to communicate this order to the non-applicant by post.

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(v) All to act on an authenticated copy of this order. 7.

Application is allowed and disposed of in aforesaid terms. (SANDEEP K. SHINDE, J.) 3/3