SANJYOT NITIN TELHARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Ajgaonkar, learned Advocate for Applicant, Mr. Gawde, learned Advocate for Respondent No. 2 and Mr. Gawai, learned AGP for State.

(2.) At the outset, Mr. Ajgaonkar would draw my attention to prayer clause (B) of the Misc. Civil Application (MCA). He would submit that he has been appointed through Legal Aid to espouse the cause of Applicant - wife. He would submit that Applicant is residing in Kamothe near Panvel and therefore the correct jurisdictional Court for seeking transfer of Marriage Petition would be the Court of Civil Judge Senior Division at Panvel. He would submit that inadvertently when the MCA has been filed, in prayer clause (B) transfer is sought to the Family Court at Panvel. However, there is no Family Court at Panvel but there is Family Court at Belapur which is jurisdictionally a different Court. In that view of the matter, he seeks leave to amend the prayer clause (B) to amend the Application in that respect. Leave as prayed for is granted. Amendment is permitted to be carried out forthwith in the Court itself. Re-verification stands dispensed with in that view of the matter.

(3.) Applicant is the wife who seeks transfer of Marriage Petition No. 71/2016 filed by Respondent - husband under Sec. 9 of the Hindu Marriage Act before the Civil Judge Senior Division, Vasai, Palghar to the Civil Judge Senior Division, Panvel.