Shriraj Ashokkumar Birajdar vs Shruti Shriraj Birajdar
2023 Latest Caselaw 10929 Bom

                                                         40-MCA-516-2022.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CIVIL APPELLATE JURISDICTION

          MISCELLANEOUS CIVIL APPLICATION NO.516 OF 2022

SHRIRAJ ASHOKKUMAR BIRAJDAR                         )...APPLICANT

         V/s.
SHRUTI SHRIRAJ BIRAJDAR                             )...RESPONDENT

Mr.Ashutosh Kulkarni a/w. Mr.Akshay Kulkarni i/by Mr.Gaurav Jadhav,
Advocate for the Applicant.
Mr.Abhijit Kulkarni, Advocate for the Respondent.

                           CORAM       :      ABHAY AHUJA, J.

                           DATE        :      20th OCTOBER 2023

P.C. :

1. This matter has been listed for hearing since the pleadings are

complete. Mr.Ashutosh Kulkarni, learned Counsel, has concluded his

arguments on behalf of the Applicant. Mr.Abhijit Kulkarni, learned

Counsel for the Respondent, has concluded his arguments on the facts

in the matter and has commenced his arguments with respect to the

legal issue on the maintainability of this Application before the High

Court, submitting that the application ought to have been filed before

the District Court, as the District Court has original jurisdiction in terms

of Sections 19 and 20 of the Civil Courts Act, 1977 read with Sections 7

avk 1/2 40-MCA-516-2022.doc

and 8 of the Family Courts Act, 1984. Mr.Ashutosh Kulkarni has

already opposed the submissions made on behalf of the Respondent,

submitting that this Court would have jurisdiction in view of a plain

reading of Section 24 of the Code of Civil Procedure, 1908.

2 Both the learned Counsel seek some time to furnish material and

judgments in support of their respective contentions on this rather

interesting legal issue.

3. At their request, list on 4th November 2023.

4. Statement made earlier to continue till the next date.

                                                                     (ABHAY AHUJA, J.)




                               avk                                                               2/2
Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge
Date: 20/10/2023 20:52:43