K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.129 OF 20 LETTERS PATENT APPEAL NO.129 OF 20 LETTERS PATENT APPEAL NO.129 OF 2009 IN IN IN CIVIL MISC.APPLICATION (ST) NO.10527 OF 2009 CIVIL MISC.APPLICATION (ST) NO.10527 OF 2009 CIVIL MISC.APPLICATION (ST) NO.10527 OF 2009 Ms.Pritam Bhatty and Ors. )..Appellants Vs Shri Rabindra Kishen Hazari )..Respondent ---- Mr.A.V.Anturkar i/by Mr.S.B.Deshmukh for the appellants. Mr.Rajiv Narula for the respondent. ---- Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 29.04.2009. PC 1. Admit. Heard finally by consent of the parties. 2. In a petition filed under Section 24 of Code of Civil Procedure, the learned single Judge has passed an order which resulted in modifying the orders which have been passed by the Family Court and which are not subject matter of challenge before the learned single Judge who is hearing only petitions filed under Section 24 for transfer. In our opinion, a Court hearing an application for transfer of proceedings is not at all concerned with the merits of the final or interim order that may have been passed by the Court where proceedings are : 2 : pending. We also find that for deciding whether matter should be transferred from Family Court Nagpur to Family Court Pune or Family Court Pune to Family Court Nagpur, interviewing the child by the learned Judge is also not necessary. In our opinion, during the pendancy of the transfer proceedings the parties will be governed by the order that may be in force, passed by the Court of competent jurisdiction. A court hearing transfer petition has no business to interfere with the order passed in the proceedings which he is considering whether to be transferred or not. In our opinion, therefore, learned single Judge was not justified in making a direction contained in paragraphs-2 & 3 of the operative part of his order and therefore, to that extent, order is modified. It is clarified that the learned single Judge shall be free to decide the transfer application in accordance with law. Appeal disposed of accordingly. (D.K.Deshmukh,J) (D.K.Deshmukh,J) (D.K.Deshmukh,J) (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)