Pooja Jagdish Patil v. Jagdish Balaso Patil

sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 52 OF 2025 Pooja Jagdish Patil ... Applicant v/s.

Jagdish Balaso Patil ... Respondent ______________________ Mr. Dhananjay Bhosale a/w Mr. Rohan Bhagwat for the Applicant.

Mr. Ajinkya Taskar for the Respondent.

________________________

CORAM

: Kamal Khata, J.

DATED : 9th July 2025.

P.C.:- 1.

Learned Advocate for the Applicant seeks leave to amend to correct the number of Marriage Petition as HMP No.204 of 2025 to the Petition. Leave to amend the Petition is granted.

2.

This Miscellaneous Application is filed by the Applicant wife under Section 24 of the Civil Procedure Code, 1908 for transfer of Marriage Petition No.204 of 2024 from Civil Judge, Senior Division, Islampur to the Family Court, Pune. by SANDHYA BHAGU WADHWA Date:

2025.07.14 12:01:40 +0530 SANDHYA BHAGU WADHWA

3.

The learned Advocate for the Respondent on instructions and in view of the Supreme Court ruling in the case of N.C. V. Aishwarya v/s. A.S. Saravana Karthik Sha1, submits that he has no objection if the Petition under Section 9 of the Hindu Marriage Act, 1955 bearing HMP No.204 of 2024 pending before the Civil Judge, Senior Division, Islampur to the Family Court, Pune.

4.

In view of the above, I find no impediment in allowing the Petition. Accordingly, I pass the following order; (i) The Application is accordingly allowed in terms of prayer clause (a)which reads as under:

"a.

This Hon'ble Court be pleased to transfer the petition filed by the Respondent under Section 9 of Hindu Marriage Act,1955, bearing HMP No.25 of 2024,prending before the Hon'ble Civil Judge, Senior Division, Islampur, to Family Court, Pune."

(ii) The Family Court, Pune may grant Video Conferencing facility to the Applicant, in the event he applies for and if his presence is not absolutely necessary. Any such application, shall be considered by the Court on its own merits. 1 2022 SCC OnLine 1199

(iii) The transfer may be effected within a period of four weeks and upon receipt of the papers and proceedings the Family Court, Pune, shall give notice to the parties, preferably within three weeks, to proceed with their respective matters.

(iv) Parties to act on an authenticated copy of this order. (Kamal Khata, J.)