Jyoti Abhijeet Kandage v. Abhijeet Narayan Kandage
42 mca 239 of 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.239 OF 2024 Jyoti Abhijeet Kandage ...
Applicant versus Abhijeet Narayan Kandage and Ors.
...
Respondents Mr. Paras Yadav, for Applicant.
Mr. Kapil P. Shetye, for Respondents.
CORAM: N.J.JAMADAR, J.
DATE :
4 APRIL 2025 P.C.
1.
Heard the learned Counsel for the parties.
2.
By this Application, the applicant who is the wife of Respondent No.1 seeks transfer of Marriage Petition A No.15 of 2024 pending on the file of the learned Civil Judge, Sr. Division, Pune and a proceeding under the Protection of Women from Domestic Violence Act, 2005 being PWDVA No.57 of 2023 filed by Respondent Nos.2 and 3 who are the sister and mother in law of the applicant from the Court of Judicial Magistrate, First Class, Shirur, Pune to the Family Court at Kolhapur.
3.
Learned Counsel for the Respondents, on instructions, submits that the Respondent No.1 has no objection to the transfer of Marriage Petition No.15 of 2024 from the Court of Civil Judge, Sr. Division, Pune to the Family Court at Kolhapur. However, Respondent Nos.2 and 3 intend to oppose the application for transfer of the domestic violence proceedings instituted by SSP 1/2
42 mca 239 of 2024.doc them by filing an affidavit in reply. Learned Counsel, thus, seeks time to file an affidavit in reply on behalf of Respondent Nos.2 and 3. 4.
In view of the aforesaid submissions, the application qua Marriage Petition No.15 of 2024 stands allowed.
5.
Marriage Petition A No.15 of 2024 stands transferred from the Court of Civil Judge, Sr. Division, Pune, to the Family Court at Kolhapur. 6.
The learned Civil Judge, Sr. Division, Pune, shall transfer the record and proceedings in Marriage Petition A No.15 of 2024 with such dispatch that it reaches the Family Court at Kolhapur, within a period of four weeks from the date of communication of this order.
7.
The application shall now proceed qua PWDVA No.57 of 2023. 8.
The Respondents are at liberty to file affidavit in reply within a period of three weeks and serve its copy on the applicant. 9.
Rejoinder, if any, be filed within a period of two weeks thereafter. 10.
Stand over to 9 May 2025.
( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 05/04/2025 15:27:54