Niyati Tej Ghatge vs. Tej Satish Ghatge

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1810 OF 2023 (ARISING FROM SLP (CIVIL) NO.11049 OF 2022)

NIYATI TEJ GHATGE APPELLANT(S)

VERSUS

TEJ SATISH GHATGE RESPONDENT(S)

Signature Not Verified

O R D E R

Leave granted.

The impugned order is an order by which request made by the appellant-wife seeking transfer of the proceedings filed by the respondent-husband seeking dissolution of marriage between the parties in the court of Civil Judge, Senior Division, Kolhapur being numbered as Hindu Marriage Petition No.370/2018 has been dismissed by the High Court.

We heard learned counsel for the parties.

The distance between the two places is about 40 kms. We would think that the interest of justice would require that the relief sought by the appellant-wife must be granted. Accordingly, the appeal is allowed. The Hindu Marriage Petition No.370/2018 pending before the Civil Judge, Senior Division, Kolhapur shall be transferred to the Family Court, Sangli.

We only direct to the transferee court to dispose of the Hindu Marriage Petition No.370/2018 as early as possible. Digitally signed by Jagdish Kumar Date: 2023.03.23 17:26:01 IST Reason:

Pending application(s), if any, stand disposed of.

……………………………………………..J. [K. M. JOSEPH]

……………………………………………..J. [B. V. NAGARATHNA]

New Delhi Dated; 20th March, 2023.

ITEM NO.38 COURT NO.3 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 11049/2022

(Arising out of impugned final judgment and order dated 12-10-2021 in MCA No. 46/2021 passed by the High Court of Judicature at Bombay)

NIYATI TEJ GHATGE PETITIONER(S)

VERSUS

TEJ SATISH GHATGE RESPONDENT(S)

((Mediation report has been received as per ROP dated 11.08.2022) IA No. 87463/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 20-03-2023 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s) Mr. Abdulrahiman Tamboli, Adv. Mr. Anish R Shah, Adv. Mr. Rahul Joshi, AOR

For Respondent(s) Mr. Prashant Shrikant Kenjale, AOR

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, stand disposed of.

(JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) ASSISTANT REGISTRAR (Original signed order is placed on the file)