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Bombay High CourtMCA/131/2025disposed off

Ramakant Tanaji Mitkar v. Sharmishtha Ramakant Mitkar Alias Sharmishtha Rajesaheb Pawar

2025-03-21Hon'Ble Shri Justice N. J. Jamadar2 pages

2025:BHC-AS:13607 88 mca 131 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.131 OF 2025 Ramakant Tanaji Mitkar ...

Applicant versus Sharmishtha Ramakant Mitkar ...

Respondent Mr. S.S.Ambedkar, for Applicant.

Mr. Shivraj Kunchge, for Respondent.

CORAM: N.J.JAMADAR, J.

DATE :

21 MARCH 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

This is an application for transfer of Marriage Petition A-121 of 2020 from the Court of Civil Judge, Sr. Division, Panvel to the Family Court at Pune.

3.

The marriage of the applicant was solemnized with Respondent on 9 February 2015. In the wake of the marital discord, the Respondent wife has instituted a Petition for restitution of conjugal rights being Petition No.A-885 of 2023 before the Family Court at Pune. The applicant has instituted a Petition for dissolution of marriage under Section 13(1)(a) of the Hindu Marriage Act, 1955 before the Civil Judge, Sr. Division, Panvel. 4.

Learned Counsel for the Respondent, on instructions, submits that the Respondent has no objection to transfer Marriage Petition No.A-121 of 2020 to the Family Court at Pune for hearing and disposal in accordance with law SSP 1/2

88 mca 131 of 2025.doc along with Petition No.A-885 of 2023.

5.

In view of the consent of the Respondent and to advance the cause of justice by trial of both the proceedings before one and the same Court, the application stands allowed.

6.

Marriage Petition No.A-121 of 2020 stands transferred from the learned Civil Judge, Sr. Division, Panvel to the Family Court at Nashik for hearing and disposal in accordance with law along Petition No.A-885 of 2023. 7.

The learned Civil Judge, Sr. Division, Panvel, shall transfer the record and proceedings in Petition No.A-121 of 2020 with such dispatch that it reaches the Family Court at Nashik within a period of four weeks from the date of communication of this order.

Application disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 25/03/2025 10:58:02