The court transferred a matrimonial petition pending in Pune to Sangli where a related divorce petition was filed, to ensure joint hearing for expedited disposal.
Transfer of Marriage Petition No. 1017 of 2008 from Family Court, Pune to C.J.S.D., Sangli for joint disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SNS
IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION MISCEALLANEOUS CIVIL APPLICATION NO.76 OF 2009
Priya Sachin Patil ...Applicant. v. Shri Sachin M. Patil ...Respondent.
Mr. Amit B. Borkar, adv. For the Applicant.
Mr. Satish Deshmukh i/by P.V.Samant, advs. For the Respondent. Shri Sachin Mahavir Patil, respondent in person present in the Court.
CORAM : J.H. BHATIA, J. DATED : SEPTEMBER 14, 2010
P.C.
1 Mr. Satish Deshmukh, advocate holding for Mr. P.V.Samant,
advocate for the respondent, states that the advocate wants to withdraw
from the appearance. Respondent is also present before the Court in
person. He has no objection, therefore, advocate for the respondents is allowed to withdraw.
2 Heard the learned cousnel for the applicant and the respondent in person. Applicant and the respondent were married on 8.5.2007. However, it appears that within a short time, relations between
the two got strained. Applicant, who is wife filed M.P.No.56 of 2009 for
divorce in the Court of C.J.S.D. at Sangli. Respondent/husband filed
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M.P.No.1017 of 2008 before the Family Court at Pune. The applicant has also filed application for maintenance at Sangli. All these matters are pending. By this application, the applicant seeks transfer of the M.P.NO. 1017 of 2008 from Pune to Sangli. According to her, she can not travel alone from Sangli to Pune. According to the respondent, he had filed petition first, therefore, the matter need not be transferred from Pune to Sangli. He contends that the marriage petition pending at Sangli may be transferred to Pune. After hearing the parties, I find that it will be in the interest of justice that both the petitions be heard and disposed off together. Taking into consideration the facts and circumstances, it will be just and proper to transfer marriage petition pending before the Family Court, Pune to the C.J.S.D. at Sangli.
3 Therefore, in the interest of justice, Marriage Petition No. 1017 of 2008 is hereby withdrawn from the file of Family Court, Pune and stands transferred to C.J.S.D., Sangli for the hearing and disposal alongwith the M.P.No.56 of 2009. On the matter being transferred, C.J.S.D., shall expedite the hearing and dispose off the matters as early as possible and preferably within six months.
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(J.H. BHATIA,J.)
2 issues framed by the court
Whether a maintenance and divorce petition pending in Pune should be transferred to Sangli.
Whether transfer of proceedings facilitates joint hearing and disposal of related matrimonial matters.
Priya Sachin Patil
Shri Sachin M. Patil
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
