Sou. Komal Raju Koli v. Shri. Raju Kant Koli

2024:BHC-AS:40938 23 Mca-71-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 71 OF 2024 Raju Kant Koli ...Applicant vs.

Komal Raju Koli

...Respondent

ALONGWITH MISCELLANEOUS CIVIL APPLICATION NO. 324 OF 2024 Komal Raju Koli ...Applicant vs.

Raju Kant Koli

...Respondent

***** Mr. Mahaling M. Pandarge i/by Divya Parab Advocate for the Applicant in MCA 71 of 2024 and Respondent in MCA 324 of 2024 Mr. Abhijeet J. Kandarkar and Mr.

Anand Patil Advocate for the Respondent in MCA 71 of 2024 and Applicant in MCA 324 of 2024 ***** CORAM :

S. M. MODAK, J.

DATE :

11th OCTOBER 2024 P. C. :- 1.

Heard learned Advocate for the Wife and learned Advocate for the Husband virtually.

2.

Misc. Civil Application No. 71 of 2024 is preferred by the Husband for transfer of DV proceedings pending before the Court of JMFC, Kolhapur to the Court of Civil Judge Senior Division at Seema 1/2

23 Mca-71-2024.doc Vadagaon Maval, Pune.

3.

Whereas Misc. Civil Application No. 324 of 2024 is preferred by wife for transfer of marriage petition from the Court of the Civil Judge Senior Division Vadagaon Maval Pune to the Court of Family Court at Kolhapur.

4.

I am not inclined to accept the request of the husband. The reason quoted are not agreeable. Hence, Misc. Civil Application No. 71 of 2024 is dismissed. The husband is working in Police department. The Court of JMFC Kolhapur need not insist upon the presence of the husband provided husband should not take adjournment. He is at liberty to appear virtually.

5.

Misc. Civil Application No. 324 of 2024 is also dismissed for the reason that the marriage petition at Vadagaon Maval, Pune is disposed of. There is restoration application filed by wife. Yet it is not decided. It is better to get decided that application at Vadagaon Maval Pune Court only. If the wife succeeds, it will be restored. In that case she is at liberty to apply for transfer. If she fails, she has got right to prefer an appeal. 6.

With these observations, both MCAs are disposed of. [S. M. MODAK, J.] Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 16/10/2024 11:25:52 Seema 2/2