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Mrs. Upkar Kaur Hardeepsingh … vs Mr. Hardeepsingh Jasvanstsingh … on 4 July, 2019

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.

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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)

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(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

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3 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.)

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