Rahul Pradeep Kadkade v. Aarti Rahul Kadkade

8-mca-351-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 351 OF 2024 Rahul Pradeep Kadkade ...Applicant vs.

Aarti Rahul Kadkade

...Respondent

Ms. Megha Bajoria a/w. Ms. Sonal Gawand, for the Applicant. CORAM :

N. J. JAMADAR, J.

DATE :

JANUARY 17, 2025 P.C:

1.

Heard the learned counsel for the applicant.

2.

This application is filed to transfer the petition for Divorce No. A-1607 of 2021, instituted by the petitioner in the Family Court at Nashik to the Family Court at Bandra.

3.

Notice was issued to the respondent-wife. An affidavit of service has been filed.

4.

None appears for the respondent.

5.

This application is filed pursuant to the consent terms arrived at between the petitioner and respondent in Writ Petition (St.) No. 11974 of 2023 wherein the respondent had agreed to grant consent for transfer of the divorce petition and domestic violence case pending at the Family Court at Nashik to Mumbai. 6.

Pursuant to the said order, the Criminal Misc. Application No. 259 of 2021, then pending on the file of learned JMFC, Nashik, Vishal Parekar, PS ...1

8-mca-351-2024.doc came to be transferred to the Court of Magistrate at Bandra by an order dated 26th April, 2024 in MCA No. 298 of 2023. 7.

The respondent is staying in Mumbai. The respondent had consented for transfer of both the proceedings to Mumbai. The Criminal Revision Application filed by the respondent has already been transferred to the Court of Magistrate at Bandra. In these circumstances, the application deserves to be allowed. Hence, the following order.

ORDER

1] The application stands allowed in terms of prayer clause (a). 2] The Petition No. A-1607 of 2021 stands transferred from the Family Court at Nashik to Family Court at Bandra. 3] The learned Judge, Family Court Nashik shall transfer the record and proceedings in the Petition No. A-1607 of 2021 with such dispatch that it reaches the Family Court at Bandra within a period of four weeks from the date of communication of this order. 4] Application disposed.

5] No costs.

(N. J. JAMADAR, J.) Vishal Parekar, PS ...2