Rajendra Popat Ghanwat v. Manali Rajendra Ghanwat

914. MCA-310-2024.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. 310 OF 2024 Rajendra Popat Ghanwat .. Applicant

Versus

Manali Rajendra Ghanwat .. Respondent ....................

 Mr. Abhijit Sarwade a/w Mr. Harder Kaur, Mr. Rahul Pardeshi & Mr. Vaibhav Thorve for Applicant through VC ...................

CORAM : MILIND N. JADHAV, J.

DATE : AUGUST 29, 2024 P. C.

:

1.

Heard Mr. Sarwade, learned Advocate for Applicant through VC. 2.

It is stated that order dated 16.08.2024 stands complied with. None appears for the Respondent though served. 3.

By the present Misc. Civil Application (MCA), Applicant husband seeks transfer of Marriage Petition filed by the Respondent wife before the Civil Judge Senior Division, Pune which is within the territorial jurisdiction of the Pune Municipal Corporation (PMC). Respondent has filed her Petition in the Court of Civil Judge Senior Division, Pune. He would therefore submit that the Court of Civil Judge Senior Division, Pune would have no jurisdiction in view of the establishment of Family Court, Pune and its territorial jurisdiction extending to the limits of Pune Municipal Corporation. The address of the Respondent which is seen from the proceedings as given by the Respondent is at

914. MCA-310-2024.docx H4/702, "Belvedere" ITI Road, Aundh, Pune 411 007. Considering the above issue raised by Applicant, the Application deserves to be allowed in terms of prayer clauses (b) and (c) which reads thus: "(b) This Hon'ble Court pass an order of transfer of the Special Civil Suit No. 1518 of 2019 filed by the Opponent and the Counter Claim filed by the Applicant therein, pending before the Ld. 4th Civil Judge Senior Division at Pune to the Hon'ble Family Court at Pune; (c) Directions be given to the registrar of the Civil Court, Pune to transfer the proceedings within 2 weeks of receipt of the order." 4.

In view of the above, Registrar of Civil Court, Pune seized with the Marriage Petition filed by Respondent shall comply with this order on production of a server copy of this order and shall not insist for a certified copy of the order so that directions contained in prayer clause (c) are complied with expeditiously.

5.

With the above directions, MCA is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2024.08.29 20:04:57 +0530 RAVINDRA MOHAN AMBERKAR