Mrs Sayali Amol More v. Mr Amol Sampatrao More

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 419 OF 2023 Sayali Amol More ... Applicant versus Amol Sampatrao More .... Respondent Mr. Narayan Rokade along with Mr. Udaysinh Deshmukh and Mr. Ajinkya Taskar and Mr. Abhang Suryawanshi, Advocate for the Applicant. Mr. Sukumar Ghanawat, Advocate for the Respondent. CORAM : ARUN R. PEDNEKER, J.

DATE : 2nd JULY, 2024.

P.C. :

1.

Heard the learned counsel appearing for the parties. 2.

The present application is filed under Section 24 of the CPC seeking transfer of divorce proceedings initiated by the respondenthusband in the Family Court at Satara to the Family Court at Pune. 3.

The applicant married the respondent as per the Hindu rites on 20th April 2017 and there are no children out of the said wedlock. The applicant-wife is not working and is staying with her parents at Pune. The respondent-husband is an IT employee and working in Mumbai but mostly Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.07.04 10:36:22 +0530 does his work online from home. There are DV proceedings also initiated SHUBHADA SHANKAR KADAM by the applicant-wife before the JMFC at Pune. 1/3

4.

The learned counsel appearing for the respondent-husband, on seeking instructions from respondent-husband who is present in Court, has not objected to the transfer, however, he has submitted that, on transfer, the Family Court at Pune be directed to decide the proceedings expeditiously within a period of six months.

Considering the submissions, the present application is allowed in terms of prayer clause (c) as under :

"(c) By issuance of appropriate order and/or directions in the like nature, the Proceeding bearing Hindu Marriage Petition No.199 of 2022 pending before the Family Court at Satara may kindly be transferred to the Ld. Family Court, Pune, in the interest of justice."

6.

However, on transfer, it is directed that the Family Court at Pune shall decide the divorce proceedings as expeditiously as possible and in any event within one year from first date of listing before the Family Court at Pune.

7.

The proceedings before the Family Court at Satara be immediately forwarded to the Family Court at Pune within one month. 8.

The parties to appear before the Family Court at Pune on 13th August 2024 at 11.00 am so as to enable the Court to give next date in the matter. No further notices be issued to the parties. 2/3

9.

The parties submit that they would cooperate with the Family Court at Pune to complete the process.

10.

The applicant-wife is also directed not to seek adjournments unnecessary in the matter without informing the respondent-husband well in advance so to avoid inconvenience to the respondent-husband to travel to Pune, so also, the Family Court at Pune is directed to permit the respondent-husband to appear through video conferencing wherever possible.

11.

With the above observation, the application is disposed of. (ARUN R. PEDNEKER, J.) 3/3