2.159.19-mca.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Misc. Civil Application No.159/2019
Upkar Kaur Hardeepsingh Popali ….. Applicant
vs.
Hardeepsingh jaswantsingh Popali ….. Respondent
Mr. Rajesh A. More for the Applicant
Mr. Anil S. Kamble for the Respondent
CORAM : K.K.TATED, J.
DATED : JULY 4, 2019
P.C.
1 Heard. The learned counsel for the Respondent has
filed Affidavit in Reply dated 03.07.2019. Same is taken on
record.
2 By this Application under section 24 of the Code of
Civil Procedure, 1908, the Applicant wife is seeking transfer
of MP No.27/2017 filed by Respondent u/s.13(1)(ia)(b) of
the SectionHindu Marriage Act, 1955 for divorce, pending before
the Civil Judge, Senior Division Khamgaon, Dist. Buldhana
to the Family Court at Pune.
3 After arguing for some time, both the counsel submit
that their clients are ready and willing to file Consent Terms
for transfer of the matter from Khamgaon to Pune. They
tendered Consent Terms dated 04.07.2019 duly signed by
them and their respective clients.
Basavraj G. Patil 1/4
::: Uploaded on – 08/07/2019 10/07/2019 07:26:37 :::
2.159.19-mca.odt
4 Both the parties entered into witness box and admit
the contents of the Consent Terms and execution thereof.
Same is taken on record and marked “X” for identification
and accepted, which read thus:
“CONSENT TERMS
By this Miscellaneous civil application u/s 24 of the Civil
Procedure Code, 1908 the applicant is seeking the transfer of the
Marriage Petition No.27 of 2017 pending before Learned Civil Judge
Senior Division Court, Khamgaon , u/s. 13 1 (ia) (ib) of the SectionHindu
Marriage Act, 1955, for Divorce and Ga..Va. case No. 12 / 2015
under Guardian and wards act u/s 7,12 for custody of the children
before the Learned Civil Judge Senior Division, Khamgaon , to the
Learned Family Court, Pune .
2 It is mutually agreed that the above mentioned Misc. Civil
Application can be disposed off by consent of both the parties on
the following terms and conditions:
a) That both the parties agree to transfer the Marriage
Petition No.27 of 2017 pending before Learned Civil Judge
Senior Division Court, Khamgaon , u/s. 13 1 (ia) (ib) of the
SectionHindu Marriage Act, 1955, for Divorce and Ga..Va. case No.
12 / 2015 under Guardian and wards act u/s 7,12 for
custody of the children before the Learned tCivil Judge Senior
Division, Khamgaon , to the Learned Family Court, Pune .
b) That the Marriage Petition No.27 of 2017, u/s. 13 1 (ia)
Basavraj G. Patil 2/4
::: Uploaded on – 08/07/2019 10/07/2019 07:26:37 :::
2.159.19-mca.odt
(ib) of the Hindu Marriage Act, 1955, and Ga..Va. case No.
12 / 2015 under Guardian and wards act u/s 7, and the
criminal Misc. Criminal Application No. 589 /2015 before the
Learned Judicial Magistrate First Class be heard on one and the
same date.. One in the morning Session and one in the
afternoon Session as per the convenience of the Learned
Judge.
c) That the respondent undertake that he will clear the
arrears of the interim maintenance Rs. 1.00.000/- (One Lacs
rupees) amount granted in the criminal Misc. Criminal
Application No. 589 /2015 by the Learned Judicial Magistrate
First Class,Lashkar Court,Pune on or before 30 th September
2019.
d) That the Marriage Petition No.27 of 2017, u/s. 13 1 (ia)
(ib) of the SectionHindu Marriage Act, 1955, and Ga..Va. case No. 12 /
2015 under Guardian and wards act u/s 7,12 transferred to
the Learned Family Court ,Pune , endeavour to be made by the
parties to disposed of the said proceedings by end of December
2020.
e) No order as to cost
Mrs. Upkar Kour Hardeepsingh Popali Advocate for applicant
Mr. Hardeepsingh Jaswantsingh Popali Advocate for respondent
Mumbai
Date 4/6/2019″
Basavraj G. Patil 3/4::: Uploaded on - 08/07/2019 10/07/2019 07:26:37 :::
2.159.19-mca.odt3 Hence, following order is passed:
a The Misc. Civil Application stands disposed of in terms
of the Consent Terms.b This court expects that the Family Court, Pune would
decide the matter as early as possible, but in any case on or
before December 2020.c Both the counsel submit that they shall not seek
unnecessary adjournments before the Family Court, Pune.d Parties to act on an authenticated copy of this order.
e No order as to costs.(K.K.TATED, J.)
Basavraj G. Patil 4/4
::: Uploaded on - 08/07/2019 10/07/2019 07:26:37 :::