Allowed an application to transfer a marriage petition from a Civil Court to the Family Court to be heard consoli
Transfer of Marriage Petition No. 341 of 2019 from Civil Court Baramati to Family Court Pune to be heard along with Marriage Petition No. 622 of 2019.
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.
Digitally signed by IRESH IRESH SIDDHARAM SIDDHARAM MASHAL MASHAL Date: 2022.03.09 14:11:14+0530
53.8.22 mca.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 8 OF 2022
SAPANA VIKRAM KAKADE ….APPLICANT
V/s.
VIKRAM SURESH KAKADE …..RESPONDENT
Mr. Abhishek Patil Advocate for the Applicant
CORAM : NITIN W. SAMBRE, J. DATE: MARCH 8, 2022.
P.C.:
pending on the file of Family Court, Pune. Non-Applicant initiated proceedings on the file of Court of Civil Judge Senior Division, Baramati being Marriage Petition No. 341/2019 of which transfer is sought to the Family Court, Pune to be heard alongwith Marriage Petition No. 622/2019.
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53.8.22 mca.doc
custodian of minor sons, case for transfer is made out. Apart from above, on same set of facts and evidence between same parties, there
is likelihood of recording overlapping evidence.
(a) That this Hon’ble Court be pleased to transfer the Marriage Petition 341 of 2019 pending before the Civil Court Senior Division, Baramati to the Hon’ble Family Court, Pune to be heard alongwith Marriage Petition No. 622 of 2019 pending before the Family Court, Pune.
[NITIN W. SAMBRE, J.]
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2 issues framed by the court
Whether to transfer pending marriage proceedings from Civil Court to Family Court for consolidated hearing.
Whether transfer is justified given the pendency of related divorce proceedings and potential overlap in evidence.
Sapana Vikram Kakade
Vikram Suresh Kakade
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
