1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO.244 OF 2010 Sampat R. Bhondave ..Applicant. v. Smt. Anandi (Asha) S. Bhondave ...Respondent. Mr. M.S.Patankar, adv. for the Applicant. Mr. P.J.Thorat, adv. for the respondent. CORAM : J.H.Bhatia, J. DATE : 6TH October, 2010 P.C.: 1 Heard the learned counsel for the parties. Respondent is wife of the present applicant. She filed Special Civil Suit No.2222 of 2009 for maintenance under the Hindu Adoption and Maintenance Act before the Civil Judge Senior Division, Pune. In that suit, she filed an application Ex.5 to claim the interim maintenance. That application was allowed. That order is challenged in the present revision application by the husband. According to the husband, Civil Judge Senior Division, Pune does not have jurisdiction to entertain the suit because the suit would lie to the Family Court, Pune. 2 By Notification dated 27th January, 1989, the Family Court has been established under the Family Courts Act having 2 territorial jurisdiction within the limits of Municipal Corporation, Pune and Cantonment areas of Khadaki and Pune. As per the plaint, the wife is residing at Flat No.C-21, Bhargav Palace, Survey No.53/1/1, Vadgaon (Budruk) Tol Naka, Pune 41. Vadgaon Budruk is included in the territorial limits of Municipal Corporation, Pune. Now it is admitted that plaintiff is residing within the territorial jurisdiction of the Family Court, therefore, Civil Judge Senior Division, Pune does not have jurisdiction. 3 In view of the above, the impugned order passed by the Civil Judge Senior Division, Pune is hereby set aside and the Special Civil Suit No.2222 of 2009 is hereby withdrawn from the file of Civil Judge Senior Division, Pune and stands transferred to the Family Court, Pune for adjudication as per law. However, statement made by the defendant before the Civil Judge Senior Division, Pune that he would not create third party interest in the property shall continue till application for maintenance is decided by the Family Court, Pune. (J.H.BHATIA, J.) 3