Tushar Sampat Mane And ORS v. Mrs. Bhagyashri Tushar Mane

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 139 OF 2024 Tushar Sampat Mane and Ors.

.. Applicants

Versus

Mrs. Bhagyashri Tushar Mane .. Respondent ....................

 Mr. Shivraj Kunchage, Advocate for Applicants. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 04, 2024.

P.C.:

1.

Heard Mr. Kunchage, learned Advocate for Applicants. 2.

There are five Applicants before me. Applicant No.1 is husband of the Respondent. Applicant Nos.2 and 3 are the old retired parents of Applicant No.1 whereas Applicant Nos.4 and 5 are the sisters of Applicant No.1.

3.

Respondent has filed a DV Act proceedings in the Civil Court at Aurangabad of which the transfer is sought to the Magistrate Court in Pune. Applicant No.1 has filed Marriage Petition in the Family Court at Pune, which is pending in the Family Court at Pune. Applicant No.1 is a Research Fellow whereas Applicant Nos.4 and 5 are working as a Teacher and Lecturer in Pune.

4.

Record shows that Respondent has filed Misc. Civil

Application (for short "MCA") seeking transfer the Marriage Petition from Pune to Aurangabad.

5.

Today, Mr. Kunchage, learned Advocate for the Applicants on being asked about the averment made in the Petition that Respondent's MCA before the Aurangabad Bench is pending, he would state that he shall find out its status. He is directed to place on record the status of the said MCA before me on the next adjourned date. Be that as it may, server copy of this order shall be served on the Respondent by the Advocate for Applicants and file appropriate Affidavit of service of having served the Respondent by any permissible mode of service which shall be filed on record on the next adjourned date before this Court. Only if this Court finds that Respondent has been served, this Court shall consider the present MCA on the next adjourned date, subject to the status of MCA filed by Respondent. 6.

Prima facie there are certain reasons stated in the MCA and more specially the grounds enumerated in paragraph No.10 which relate to the difficulty faced by Applicant Nos.2, 3 and 4. 7.

Respondent is directed to remain present before this Court on the next adjourned date, if she is served. This order is to be passed only because one final opportunity is given to Respondent to present in Court, failing which this Court shall consider the present MCA on its own merits and decide the same in accordance with law.

8.

Another reason for me to pass such an order is that because Respondent has already been duly served on 23.07.2024. 9.

Stand over to 13th September 2024. To be placed under the caption "First on Board".

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2024.09.09 10:27:33 +0530 AJAY TRAMBAK UGALMUGALE