This Order allowed the applicant's application seeking transfer of husband's divorce proceedings from Kalyan to Baramati courts, upon the respondent's consent recorded via affidavit.
The application for transfer of proceedings from Kalyan Court to Baramati Court is allowed as per the prayer clause.
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.
19-MCA-154-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO.154 OF 2022
BHAGYASHRI ROHIT GORE)...APPLICANT
V/s.
ROHIT SURESH GORE)...RESPONDENT
Ms.Priyanka Gupta i/b Mr.Rupesh A. Zade, Advocate for the Applicant.
Ms.Chaitali Bhogle i/b Mr.V.V. Krishnan, Advocate for the Respondent.
CORAM:ABHAY AHUJA, J.
DATE:21st DECEMBER, 2023
P.C. :
1.This is an Application seeking transfer of Divorce proceedings
filed by the Respondent-husband before the Kalyan Court to the
Baramati Court.
2.On 14th December 2023, the Advocate appearing for the
Digitally signed by ARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2023.12.22 11:15:19 +0530
Respondent had submitted that he had instructions to consent to the
subject transfer but sought some time to file an appropriate affidavit in
that regard.
3.Today, when the matter is called out, Ms.Bhogle appears for the
Respondent and tenders across the bar Affidavit of Respondent
AVK 1/2
19-MCA-154-2022.doc
submitting that he does not want the dispute to linger for long and
after consultation with his family and Advocate, has decided to consent
to the transfer of the proceedings.
4. The Affidavit is taken on record.
5. Accordingly, the Application is allowed in terms of Prayer clause
(a) which reads thus :“(a)This Hon’ble court may please to transfer the HMP
No.1335 of 2021, which is filed by the respondent herein in
the court of learned Civil Judge Senior Division, Kalyan
under Section 13(1)(ia) of the Hindu Marriage Act, 1955, to
the learned Civil Judge Senior Division, Baramati.”
6. The Application accordingly stands disposed.
(ABHAY AHUJA, J.)
AVK 2/2
1 issue framed by the court
Whether to allow the application for transfer of pending divorce proceedings from the Kalyan Civil Court to the Baramati Civil Court.
1 provisions across 1 enactments
Bagyashri Rohit Gore
Rohit Suresh Gore
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court