Respected Sir's,
My wife has applied in senior division court Pune under restitution of conjugal rights. Due to juridiction limitation her case went to senior division court Pune instead of family court pune.
After that I have applied for a divorce in family court Bandra, Mumbai. My wife got my divorce case transferred to family court pune by appealing to the high court.
Now my dilemma is that both the cases (Divorce and restitution of conjugal rights) are simultaneously running at 2 different courts (Family court pune(divorce case) and senior division court Pune(restitution of conjugal rights).
I want to club both the case and transfer my case from restitution of conjugal rights to family court pune. My request to you is that please guide me to get my case transferred to Family court Pune.
Thanking you in advance and regards to all the expert panel.
Attached and Below is the order of the high court:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO.128 OF 2012
Shubhangi Abhijeet sonkule .. Applicant
Versus
Abhijeet Ajay Sonkule .. Respondent
Mr.Pravin Sawant for applicant.
CORAM : S. C. DHARMADHIKARI, J.
21st November 2012.
P.C.:
1] Heard Mr.Sawant for applicant, wife. She has filed an
application through High Court Legal Service Authority seeking
transfer of the proceedings from Family Court at Mumbai to
Family Court at Pune. It is her case that the respondent
husband is residing at Mumbai. The applicant resided with him
but on account of disputes and differences and being thrown
out allegedly from the matrimonial home, she is forced to
reside with her parents at Pune. She has filed in the Court at
Pune an application under section 9 of the Hindu Marriage Act,
1955. Now, she has been faced with proceedings instituted by
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respondent husband in the family court, Mumbai. Even if the
distance between Mumbai and Pune is not such as would
make it impossible for her to travel but, there being no means
and the respondent husband not providing her with any
maintainance, so also she being forced to depend upon her
parents, that she has prayed that the proceedings from Mumbai
be transferred to the family court at Pune. The applicant has
no source of income even to engage Advocate and she has
been provided one by the Legal Services Authority.
2] In the above circumstances and when the respondent
husband is absent, though served and their being no denial or
dispute raised with regard to any of the averments in the
application, I am of the opinion that all ingredients of section 24
of CPC are satisfied. The application for transfer is, therefore,
capable of being allowed. Therefore, the subject proceedings
pending at Family Court at Bandra be transferred to the Family
Court at Pune. Equally, the applicant will cooperate and if her
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Marriage Petition No.167 for restitution of conjugal rights is
transferred to the family court at Pune, she will not object to this
course.
3] In the circumstances, the application is made absolute in
terms of prayer clause (a). No costs.
(S. C. DHARMADHIKARI, J)
