Asawari Abhijeet Mohite v. Abhijeet Prabhakar Mohite
901. MCA-406-2023.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION MISC. CIVIL APPLICATION NO. 406 OF 2023 Asawari Abhijeet Mohite .. Applicant
Versus
Abhijeet Prabhakar Mohite .. Respondent ....................
Mr. Suraj S. Ghogare for Applicant Mr. Prashant Pawar for Respondents ...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 3, 2024 P. C.
:
1.
Heard learned Advocates for parties. Applicant and Respondent No. 1 are present in Court.
2.
Both learned Advocates would submit that they are in the process of filing consent terms. In fact both the learned Advocates have filed consent terms before me and would urge the Court to pass appropriate direction to the learned Court of Civil Judge Senior Division at Alibaug. I have perused the original copy of the consent terms and returned the same back to the learned Advocates. Photocopy of the consent terms is taken on record and marked "X" for identification.
3.
It is seen that Marriage Petition has not been filed by either of the parties as yet. Transfer of proceedings filed under the Domestic Violence Act and Guardians and Wards Act, 1890 are required to be
901. MCA-406-2023.docx transferred by virtue of the present MCA. However in view of the consent terms arrived at between the parties to dissolve their marriage, remedy in law available to the parties would be to file an appropriate Petition under Section 13-B of the Hindu Marriage Act, 1955 before the appropriate Court. If any such Petition is filed, the appropriate Court shall hear and decide the same strictly in accordance with law. Liberty to parties to file the consent terms in the said Petition.
4.
In view of the above, MCA can be disposed of without passing any orders. Liberty to apply.
5.
MCA is disposed.
Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:
2024.10.03 18:11:11 +0530 RAVINDRA MOHAN AMBERKAR