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Bombay High CourtMCA/250/2021disposed off

Savita Navnath Dalvi v. Mr. Navnath Tanaji Dalvi

2022-09-30Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

Tikam 1/2 39- MCA 250 of 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

VAISHALI ANIL TIKAM CIVIL APPELLATE JURISDICTION by VAISHALI ANIL TIKAM Date:

2022.10.01 16:46:21 +0530 MISC. CIVIL APPLICATION No. 250 OF 2021 Savita Navnath Dalvi ...Applicant V/s.

Mr. Navnath Tanaji Dalvi ....Respondent ----- Mr. Anup Lahoti, Advocate for the Applicant CORAM : SANDEEP K. SHINDE, J.

FRIDAY, 30TH SEPTEMBER, 2022.

P.C. :

1.

Heard learned counsel for the Applicant. None appears for the non-applicant, although duly served. 2.

This application under Section 24 of the Code of Civil Procedure, seeks transfer of Hindu Marriage Petition No. 262/2020 filed by the Respondent -Husband from Court of Civil Judge, Senior Division, Satara to the Court of Civil Judge, Senior Division, Pune. The Applicant states that the non-applicant is permanent employee of Tata Motors working at Pune. It is so stated in paragraph 2 of the application. Further it is stated that the Applicant and the non-applicant are residing in one flat at NigadiPradhikaran , at Pune.

Tikam 2/2 39- MCA 250 of 2021 3.

In consideration of these facts, it is not known as to why the non-applicant filed the petition for restitution of conjugal rights at Satara. As such since the averments made in application, have not been controverted, I am left with no option but to accept, the case of the applicant. For all these reasons, the application is allowed. Thus, the following order:

ORDER

(i) Hindu Marriage Petition No. 262 of 2022 pending in the Court of Civil Judge, Senior Division, Satara stands transferred to the Court of Civil Judge, Senior Division, Pune.

(ii) The Registry, Civil Judge, Senior Division, Satara shall ensure the Petition No. 262/2020 and all proceedings therein are transferred to the Court of Civil Judge, Senior Division, Pune.

(iii) Parties to the application shall mark their appearance before the Civil Judge, Senior Division, Pune on 21st October, 2022.

(iv) Application is allowed and disposed of in the above terms.

(SANDEEP K. SHINDE, J.)