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Bombay High CourtMCA/177/2025disposed off

Kadambari Hindurao v. Nilesh Hindurao

2025-10-03Hon'Ble Shri Justice Rajesh S. Patil3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 177 OF 2025 ANAND SUDHAKAR SUDAME Kadambari Hindurao ..Applicant

Versus

Nilesh Hindurao ..Respondent by ANAND SUDHAKAR SUDAME Date: 2025.10.03 19:20:00 +0530 Mr. Prashant Pandharikar, Advocate, for the Applicant Mr. Sanjay D. Bhate, Advocate, for the Respondent CORAM : RAJESH S. PATIL, J.

DATE : 03.10.2025 P. C.

1.

This is a transfer proceeding filed by the wife, seeking transfer of a divorce proceedings filed by the Respondent - husband before the C.J.S.D., Kalyan to the Family Court, Pune.

2.

Learned Counsel for the Applicant submits that Applicant - wife has filed two proceedings viz. D. V. proceedings and 498A proceedings filed under the Indian Penal Code, 1860 before the JMFC, Pune. 3.

On instructions, he submits that if the divorce proceedings filed by the Respondent - husband is transferred to the Family Court at Pune, he has instructions from the Applicant - wife that transfer proceedings filed by her to be heard along with divorce proceedings filed by the Respondent - husband.

4.

Mr. Bhate, learned Counsel for the Respondent, on instructions of the Respondent - husband submits that since last two years, the Respondent - husband is not able to meet his son, aged 10 years who is staying with the Applicant - wife. He submits that without prejudice to the rights and contentions of both the parties, the Respondent is ready and willing to deposit a sum of Rs. 50,000/- in the Bank account of the Applicant - wife towards maintenance of her son. He submits that apart from that, Respondent - husband is paying Rs. 1,75,000/- per year towards fees of the son who is studying in Suresh Kalmadi School, Pune.

5.

Both the learned Counsel fairly agree on instructions that on 05.10.2025 (Sunday) at 11.00 a. m., the Respondent - husband is permitted to meet his son - "Soumitra" in the Pavillion Mall situated at Senapati Bapat Road, Pune.

5.1.

For the purpose of the said meeting, the Applicant - wife is permitted to drop her son in the said mall and be in the said mall but shall not disturb the said meeting of the Respondent - husband with his son. The said meeting will take place for three hours. 5.2.

It is made clear that the said meeting of the Respondent - husband with his son is without prejudice to the rights and contentions of both the parties and will not affect the merits of the case between

the parties.

6.

Let the matter to come up on board on 07.10.2025 under the caption "For Compliance".

(RAJESH S. PATIL, J.)