Spruha Sachin Bhagwat v. Sachin Dattatray Bhagwat
2025:BHC-AS:20591
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.211 OF 2025 Spruha Sachin Bhagwat ...
Applicant versus Sachin Dattatray Bhagwat ...
Respondent Ms. Rupali Sapre, for Applicant.
Mr. Devendranath S. Joshi with Mr. Pradyumna S. Thakurdesai, for Respondent.
CORAM: N.J.JAMADAR, J.
DATE :
2 MAY 2025 P.C.
1.
Heard the learned Counsel for the parties.
2.
This is an application for transfer of Marriage Petition No.A-95 of 2024 filed by the Respondent - husband for dissolution of the marriage, from the Family Court at Alibag to the Court of Civil Judge, Sr. Division, Kalyan, within the local limits of whose jurisdiction the applicant - wife resides. 3.
Mr. Joshi, learned Counsel for the Respondent seeks leave to tender an affidavit in reply. Learned Counsel fairly submits that the Respondent has no objection to transfer proceeding from the Family Court at Alibag to the Court of Civil Judge, Sr.Division at Kalyan, provided the said proceeding is tried along with MP No.185 of 2025 instituted by the applicant wife for restitution of conjugal rights and pending on the file of 4th Joint Civil Judge, Sr. Division, Kalyan and Criminal Misc. Application No.7 of 2022 filed by the SSP 1/3
applicant for maintenance under Section 125 of the Code of Criminal Procedure, 1973 is kept on the same date on which the Marriage Petitions would be listed.
4.
The request of Mr. Joshi is justifiable.
5.
Hence, the following order :
ORDER
(i) The Application stands allowed.
(ii) Petition No.A-95 of 2024 stands transferred from the Family Court, Alibag - Raigad to the Court of learned Civil Judge, Sr. Division at Kalyan for hearing and disposal in accordance with law with M.P.No.185 of 2025.
(iii) The learned Judge, Family Court, Alibag shall transfer the record and proceedings in Petition No.A-95 of 2024 with such dispatch that it reaches the Court of 4th Joint Civil Judge, Sr. Division, Kalyan, within a period of four weeks from the date of communication of this order. (iv) Both the Petitions i.e. Petition No.A-95 of 2024, upon transfer, and M.P.No.185 of 2025 be tagged together and decided by one and same Court at Kalyan.
(v) The Courts at Kalyan are requested to keep Petition No.A-95 of 2024, upon transfer, M.P.No.185 of 2025 and Criminal Misc. Application No.7 of 2022 on the same date as far as possible.
SSP 2/3
(vi) No costs.
( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 06/05/2025 19:16:59