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2021 Supreme(Bom) 709

NITIN W.SAMBRE
Sanket Sanjeev Khanolkar – Appellant
Versus
Surabhi Sanket Khanolkar – Respondent


Advocates appeared:
Ms. Jai Vaidya, for the Appellant / Ms. Gayatri Gokhale A/W Jitendra Gokhale, for the Respondent.

JUDGMENT

1. This is an application under Section 24 of the Civil Procedure Code seeking transfer of the proceedings i.e. D.V. Application No.44 of 2020 pending on the file of 5th Court of Metropolitan Magistrate Bhoiwada, Mumbai to Family Court, Bandra which is dealing with divorce proceeding bearing Lodging No. 2137 of 2020.

2. The parties to the application got married on 19/12/2010 and out of matrimonial differences both the aforesaid proceedings are initiated. In both these proceedings, applicant-husband is non-applicant and he has sought transfer of proceedings from the Court of Metropolitan Magistrate to the Family Court.

3. According to the learned Counsel for the applicant, transfer is required to be ordered so as to avoid contradictory findings on the same set of facts, to save judicial time, avoid hardship to the parties and also to avoid repetition of the proceedings. The learned Counsel for the Applicant has placed reliance on the following judgments in the matters of (1) Hitesh Prakashmalji Mehta vs. Ashika Hitesh Mehta, delivered on 28/9/2020 in Misc. civil Application (St) No.788 of 2020, (2) Mr. Santosh Machindra Mulik vs. Mrs. Mohini Mithu Choudhari, delivered on 15/1

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