Bombay High Court
Shilpi @ Shrija W/O Sandeep Roy vs Sandeep S/O Subhash Roy on 29 October, 2018
Author: V. M. Deshpande
Bench: V. M. Deshpande
1 MCA690.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
MISC. CIVIL APPLICATION NO. 690 OF 2018
APPLICANT : Shilpi @ Shrija W/o Sandeep Roy,
Aged about 38 years, Occu. Nil
R/o C/o A. K. Datta,Air Castle, B-204,
Next to Allard Institute, Kasar Sai Road,
Marunji, Hinjewadi, Pune - 411 057.
VERSUS
NON-APPLICANT : Sandeep S/o Subhash Roy,
Aged about 40 years, Occ. : Private
R/o Ansys Fluent India Pvt. Ltd.
Rajiv Gandhi Info Tech Park,
MIDC, Hinjewadi, Pune - 411 057.
----------------------------------------------------------------------------------------------
Mr. V.S. Dhote, Advocate for the applicant.
Mr. R.S.Charpe, Advocate for the non-applicant.
----------------------------------------------------------------------------------------------
CORAM : V. M. DESHPANDE, J.
DATE : OCTOBER 29, 2018.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.
2. Heard Mr. V. S. DHote, the learned counsel for the ::: Uploaded on - 31/10/2018 ::: Downloaded on - 02/11/2018 01:07:00 ::: 2 MCA690.18.odt applicant and Mr. R. S. Charpe, the learned counsel for the non-
applicant.
3. This is an application under Section 24 of the Code of Civil Procedure filed by applicant/wife for transfer of Petition No. A-
1379 of 2017 filed by her against non-applicant/husband before Family Court No.3, Nagpur to the file of Family Court at Pune.
4. The applicant/wife submits that now she is residing at Pune. Undisputedly, non-applicant/husband is in service at Pune only. According to the applicant, it is rather difficult for her to attend every date of hearing from Pune to Nagpur.
5. Mr. Charpe, the learned counsel for the non-applicant/ husband fairly states that he has no objection for transfer of the petition from Nagpur to Pune since the non-applicant is also residing at Pune. For convenience of the applicant also, it is better that the proceedings be transferred at Pune.
6. Therefore, with the consent of both the parties, I pass the following order :
::: Uploaded on - 31/10/2018 ::: Downloaded on - 02/11/2018 01:07:00 :::3 MCA690.18.odt ORDER.
i] Misc. Civil Application is allowed.
ii] Petition No. A-1379 of 2017 filed by the applicant pending on the file of Family Court no.3, Nagpur is hereby transferred to the Principal Judge, Family Court, Pune.
iii] After so transfer of the petition, it will be sole discretion of the Principal Judge of the Family Court, Pune either to try and dispose of the said case by said Court itself or allot the said case to any other Judge of the Family Court.
iv] Both the parties agreed to appear before the Principal Judge, Family Court, Pune on 10.12.2018 so that there is no need for Family Court, Pune to issue notices.
v] Family Court no.3, Nagpur is therefore, directed to remit all the proceedings i.e. Petition No. A-1379/2017 pending before it to the Principal Judge, Family Court, Pune.
vi] With this, the Misc. Civil Application is allowed and disposed of. No order as to costs.
JUDGE Diwale ::: Uploaded on - 31/10/2018 ::: Downloaded on - 02/11/2018 01:07:00 :::