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2019 Supreme(Bom) 1563

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
K.K. TATED, J.
Priti Rakesh Parmar - Appellant
Versus
Rakesh Rupsingh Parmar - Respondent
Miscellaneous Civil Application No. 182 of 2019
Decided On : 29-08-2019

Advocates Appeared:
Ghanshyam B. Sakpal, Adv., Satish Yadav, Adv., Pravin Patel, Adv.

The main legal point established is the court's authority to consider and grant transfer of jurisdiction for hearing and final disposal of marriage petitions under Section 24 of the Civil Procedure Code.

Headnote:

Section 24 - Transfer of Hindu Marriage Petition - The court considered a Misc. Civil Application under Section 24 of Civil Procedure Code, 1908, where the Applicant-wife sought the transfer of a Hindu Marriage Petition for divorce to another jurisdiction for hearing and final disposal.

Fact of the Case:

The Applicant-wife sought the transfer of a Hindu Marriage Petition for divorce to another jurisdiction.

Finding of the Court:

The court granted time for filing Vakalatnama and reply, and stayed further proceedings of the marriage petition pending the hearing and final disposal of the application.

Issues: Transfer of jurisdiction for hearing and final disposal of the marriage petition.

Ratio Decidendi: The court considered the request for transfer under Section 24 of the Civil Procedure Code and granted ad-interim relief to stay further proceedings.

Final Decision: The court granted time for filing Vakalatnama and reply, and stayed further proceedings of the marriage petition pending the hearing and final disposal of the application.

JUDGMENT :

K.K. Tated, J.

Heard learned counsel for the parties.

2. Advocate Mr. Pravin Patel submits that, he received instruction to appear on behalf of the Respondent. He submits that, he requires six weeks time to file Vakalatnama as well as reply with copy to other side.

3. By this Misc. Civil Application under Section 24 of Civil Procedure Code, 1908 Applicant-wife is seeking transfer of Hindu Marriage Petition No. 244 of 2018 filed by Respondent-Husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, for divorce before the Civil Judge, Senior Division, Vasai, District Palghar to Civil Judge, Senior Division Nashik, District Nashik for hearing and final disposal on its own merits.

4. The Advocate for the respondent requires six weeks time to file an affidavit-in-reply. Two weeks time is granted to file affidavit in reply with copy to other side. Rejoinder, if any, to file within two weeks thereafter copy to other side.

5. Matter to appear on board on 07th November, 2019.

6. Till the next date, the ad-interim relief is granted in terms of prayer clause (c) which reads thus:-

"(c). Pending the hearing and final disposal of the present Misc. Application this Hon'ble Court be pleased to stay the further proceeding of the M.J. Petition No. 244/2008 filed U/sec. 13(1) (ia) (ib) of Hindu Marriage Act. 1955 for dissolved the marriage between the petitioner and respondent solemnized on 29-01-2012 by the Respondent which is pending before the Civil Judge Senior Division, Vasai."

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