Applicant amended application to transfer his Marriage Petition from Pune to Solapur. Court accepted amendment, ordered transfer of Petition to Solapur, and rejected original application seeking transfer to Pune.
Marriage Petition No.874/2021 in Pune transferred to Family Court Solapur; original MCA rejected.
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.
945.MCA.289.2024.doc
HARSHADA H. SAWANT (P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO.289 OF 2024
Sanjay Shashikant Waskar .. Applicant Versus VijayaLaxmi Sanjay Waskar .. Respondent
CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 25, 2024
P.C.:
1. Mentioned out of turn.
2. Heard Mr. Bidkar, learned Advocate for Applicant and Ms.
Dias, learned Advocate for Respondent. By consent taken up for hearing.
3. The Respondent – wife has filed a Marriage Petition under Section 9 in the Family Court at Solapur which is pending. That apart, there are proceedings under the Protection of Women from Domestic Violence Act, 2005 (for short ‘ D.V. Act ’) which are filed in Solapur. The Miscellaneous Civil Application when originally filed sought transfer of both the twin proceedings in Solapur to Family Court, Pune where the Applicant has filed his Marriage Petition for separation / dissolution.
4. Today, Mr. Bidkar has placed before me a draft amendment
stating that he is ready and willing to concede and seek an order of the
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945.MCA.289.2024.doc
Court to transfer his Marriage Petition from Pune to Family Court at Solapur which would enure to the benefit of the Respondent – wife. He would submit that it would be inappropriate if the Petitions are heard by two different Courts which would ultimately lead to conflict of decisions and it would be detrimental and prejudicial to both the sides. The conduct of Applicant in this case of seeking such a transfer is appreciated by the Court since it would enure to the benefit of Respondent – wife.
5. In that view of the matter, without delineating any opinion on merits of the matter, the draft amendment is taken on record. It is permitted to be carried out within a period of four weeks from today. Re-verification stands dispensed with. As per the draft amendment, Marriage Petition filed by the Applicant – husband bearing No.874 of 2021 in the Family Court at Pune stands allowed and trasferred to the Family Court at Solapur. Similarly, in view of this order the original Miscellaneous Civil Application seeking transfer of the twin proceedings from Solapur to Pune stands rejected.
6. Resultantly, the Miscellaneous Civil Application pursuant to carrying out amendment stands allowed in terms of amended prayer clause (b) which reads thus:-
“b) Or transfer marriage petition for divorce against the respondent U/s. 13/ 13(1) (i-a) of the Hindu Marriage act 1965, before the Ld. Joint Civil Judge Senior Division, Pune bearing marriage petition No.874/2021 to Solapur Court so it can be
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945.MCA.289.2024.doc
tried along with Hindu Marriage Petition bearing No. 13 /2022, which is pending before Ld. Civil Judge Sr. Division Solapur.”
7. With the above directions, Miscellaneous Civil Application
stands allowed and disposed.
H. H. SAWANT
[ MILIND N. JADHAV, J. ]
Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2024.09.26 13:10:14 +0530
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2 issues framed by the court
Whether Marriage Petition filed in Pune should be transferred to Solapur to consolidate family proceedings filed there.
Whether the applicant should be permitted to amend their prayer to seek transfer beneficial to the wife.
2 provisions across 2 enactments
Sanjay Shashikant Waskar
VijayaLaxmi Sanjay Waskar
MILIND N. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
