Mrs. Sujata Swapnil Pakhale v. Mr. Swapnil Ratnakar Pakhale
59. MCA-427-2024.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. 427 OF 2024 Sujata Swapnil Pakhale .. Applicant
Versus
Swapnil Ratnakar Pakhale .. Respondent ....................
Mr. Vinay Khatri i/by Ms. Ritika Khatri for Applicant ...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 27, 2024 P. C.
:
1.
Mentioned at the time of rising due to the exigency expressed by Mr. Khatri, learned Advocate for Applicant - wife. 2.
Present Misc. Civil Application (MCA) seeks transfer of Marriage Petition filed by Respondent - husband from Family Court at Nagpur to Family Court at Pune where Applicant is residing. Mr. Khatri would submit that Respondent is also a resident of Pune itself despite which the Marriage Petition is filed in Nagpur. He would show the address of Respondent stated by him on the pursis filed by him. Mr. Khatri has expressed apprehension that the Marriage Petition is listed on 30.09.2024 and for that purpose the Applicant - wife will have to take the arduous journey of approximately 700 kms. all the way to Nagpur to attend the said Petition. Hence, he seeks immediate intervention of this Court.
59. MCA-427-2024.docx 3.
Looking to the exigency expressed by Mr. Khatri, I direct the learned Family Court at Nagpur seized with hearing of the Marriage Petition to defer the hearing which is kept on 30.09.2024 beyond 04.10.2024 on which date present MCA will be heard and decided. Applicant need not travel to Nagpur on 30.09.2024 to attend the proceedings considering the hardship involved to her. 4.
Copy of this order shall be served on Respondent and / or his Advocate by Mr. Khatri. Respondent and / or his Advocate is directed to remain present on the next adjourned date failing which this MCA shall be heard and decided in accordance with law. 5.
Family Court, Nagpur shall act on a server copy of this order. 6.
List the present MCA on 4th October, 2024. To be placed under the caption "First on Board" at the request of Mr. Khatri. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date: 2024.09.27 19:23:15 +0530 RAVINDRA MOHAN AMBERKAR