SMT. POONAM MANISH LATH, ABOUT 30 YEARS OF AGE, OCCU : H/W, R/AT, 504 Vs. MANISH KASHIPRASAD LATH, AGED ABOUT 29 YEARS, OCCU. : SERVICE, R/AT, PORNIMA SADAN, BEHIND PRITI ACADEMY KAMLA NEHRU NAGAR, DHOBIGHAT, ULHASNAGAR

JUDGEMENT

(1.) By this miscellaneous civil application filed under section 24 of the Code of Civil Procedure, 1908, the applicant seeks transfer of the Marriage Petition No. 25 of 2016 filed by the respondent in the Court of Civil Judge, Senior Division, Kalyan, District Thane to the Court of the Family Court, Thane.

(2.) The marriage between the applicant and the respondent was solemnized on 13th May, 2013. The applicant has been residing with her parents at Bhayandar (West), Thane. The respondent is residing at Ulhasnagar, District Thane.

(3.) Learned counsel for the respondent raises a preliminary issue of jurisdiction of this court to entertain this miscellaneous civil application filed under section 24 of the Code of Civil Procedure, 1908 on the ground that this application for transfer of the proceedings from the Court of learned Civil Judge, Senior Division, Kalyan, District Thane to the Family Court, Thane could be filed only before the District Court, Kalyan since the Court of the learned Civil Judge, Senior Division, Kalyan is sub-ordinate to the District Court, Kalyan. Reliance is placed on section 24(3) of the Code of Civil Procedure in support of this submission.