Partly allowed

Rajani @ Charu Mayur Patil v. Mayur Bhikan Patil

Bombay HC6 Sept 2023MCA/174/2021

Case brief

AI extract

What is this about?

In this miscellaneous civil application, the court considered a request to transfer a pending marriage petition from the Family Court at Dhule to the Civil Judge Senior Division at Kalyan. The transfer was ordered based on the respondent's consent.

What did the court decide?

The application for transfer of Marriage Petition No. A-14 of 2021 from Family Court, Dhule to Civil Judge Senior Division, Kalyan was allowed. The order directs the Family Court to expeditiously tran

Rajani @ Charu Mayur Patil Vs Mayur Bhikan Patil — Service and Employment | Bombay HC (2023)

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2023:BHC-AS:25935

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18-MCA-174-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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MISCELLANEOUS CIVIL APPLICATION NO.174 OF 2021

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RAJANI ALIAS CHARU MAYUR PATIL)...APPLICANT

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V/s.

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MAYUR BHIKAN PATIL)...RESPONDENT

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Ms.Swati Raul, Advocate for the Applicant (through Legal Aid Service).
Mr.Prashant Rathod, Advocate for the Respondent.

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CORAM:ABHAY AHUJA, J.
DATE:6th SEPTEMBER 2023

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P.C. :

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1. On 22^nd August 2021, the following order was passed :

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“1. This matter was kept back in the morning session as
Ms.Swati C. Raul, learned counsel for the Applicant informed
that on an earlier occasion Mr.Prashant Rathod had appeared
on behalf of the Respondent. However, when the matter is
called out in the afternoon session, learned counsel for the
applicant informs that she had been informed by Mr.Prashant
Rathod that he has taken discharge in the matter and no
Advocate is appearing for the Respondent.

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2. Be that as it may, re-issue notice to the Respondent returnable on 6^th September, 2023.

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3. Ms.Raul informs this court that the next date before the Family Court at Dhule is on 25^th August, 2023.

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4. Having heard learned counsel and having perused the
application, let there be an ad-interim stay in terms of prayer
clause (c) till the next date.

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avk 1/3

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18-MCA-174-2021.doc

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5. Let the copy of this order be served on the Family Court at Dhule.

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6. List on 6th September, 2023.”

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2. Today, when the matter is called out, Mr.Prashant Rathod

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appears for the Respondent and submits that although on the last
occasion he had informed this Court that he has taken discharge in the
matter, however, he has now received telephonic instructions from his
client, the Respondent in the matter, to appear on his behalf. Learned
Counsel submits that his name is still showing on the causelist and he
has not taken discharge. Learned Counsel clarifies that on the last
occasion he had communicated to the learned Counsel for the
Applicant that he was in the process of taking a discharge but had not
actually taken one, and therefore, he is entitled to represent the
Respondent in the matter. Learned Sheristedar of this Court informs
this Court that Vakalatnama has infact been filed by Mr.Prashant
Rathod on behalf of the Respondent on 16th December 2021.

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3.Learned Counsel for the Respondent submits that on whatsapp as
well as on telephonic instructions, the Respondent has consented to the
transfer of Marriage Petition No.A-14 of 2021 pending before the
Family Court at Dhule to Civil Judge Senior Division at Kalyan.

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avk 2/3

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18-MCA-174-2021.doc

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4. In this view of the matter, the Application is made absolute in terms of Prayer Clause (b) which reads thus :

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“b) This Hon’ble Court be pleased to transfer the Marriage Petition No. A 14/2021 filed before family Court, Dhule to Ld. Civil Judge, Senior Division at Kalyan Court, District Thane.”

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5. In view of above, ad-interim stay granted earlier in terms of Prayer clause (c) stands vacated.

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6. The Application is, accordingly, disposed.

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7. The Family Court at Dhule to expeditiously transfer papers and proceedings of Marriage Petition No.A-14 of 2021 to the Court of Civil Judge Senior Division at Kalyan, District Thane.

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(ABHAY AHUJA, J.)

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avk 3/3

Rajani @ Charu Mayur Patil v. Mayur Bhikan Patil

Case brief

What is this about?

What did the court decide?

Rajani @ Charu Mayur Patil v. Mayur Bhikan Patil

Case brief

What is this about?

What did the court decide?

What the court decided

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