Saiprasad Prabhakar Pem v. Dipti Saiprasad Pem Alias Dipti Anant Sapale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.253 OF 2023 Dipti Saiprasad Pem @ Dipti Anant Sapale .... Applicant V/s.

Saiprasad Prabhakar Pem .... Respondent WITH INTERIM APPLICATION NO.6883 OF 2024 by NILAM SANTOSH KAMBLE Date: 2024.03.22 17:21:58 +0530 NILAM SANTOSH KAMBLE Saiprasad Prabhakar Pem .... Applicant V/s.

Dipti Saiprasad Pem @ Dipti Anant Sapale .... Respondent ---- Mr.Sambhaji Madahv Kharatmol, for the Applicant. Mr.Vivek B. Rane, for the Respondent.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 21st MARCH 2024 P.C:- .

Heard learned counsel for the Applicant and learned counsel for the Respondents.

2.

The learned counsel for the Applicant in MCA No.253 of 2023 and learned counsel for the Applicant in IA No.6883 of 2024 submit that if this Court is inclined to allow N.S. Kamble page 1 of 3

the MCA No.253 of 2023 filed by the Applicant-Wife and as this Court inclined to transfer Divorce Petition pending before the Civil Judge Senior Division, Kalyan to Civil Judge Senior Division, Oras. Then the D.V. Proceedings filed by the Applicant pending before the Judicial Magistrate First Class, Kankavali be transferred to Oras and the direction be given to keep both matters on same date, as Applicant-Husband has to travel to Oras from Kalyan.

3.

I have heard both learned counsel.

4.

Considering the submission of both learned counsel and the reasons mentioned in the Applications, I pass following order.

ORDER

(i) MCA No.253 of 2023 is allowed and disposed of.

(ii) Marriage Petition No.1735 of 2022 pending before the Civil Judge Senior Division, Kalyan be transferred to Civil Judge Senior Division, Oras. (iii) The Interim Application No.6883 of 2024 is N.S. Kamble page 2 of 3

allowed and disposed of.

(iv) Miscellaneous Application No.10 of 2023 pending before the Judicial Magistrate First Class, Kankavli be transferred to Chief Judicial Magistrate, Oras.

(v) Both the Trial Courts are requested to keep both these matters on the same date.

(vi) Both the parties to appear before the Trial Court on 22nd April 2024.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3