Sou. Diksha Madhav Athavale v. Shri. Madhav Kisanrao Athavale

16mca296.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 296 OF 2018 Sou.Diksha Madhav Athavale ...Applicant vs.

Madhav Kisanrao Athavale

...Respondent

Mr.S.B.Patil for the Applicant CORAM : M.S.KARNIK, J.

DATE : OCTOBER 10, 2019 P.C.:

Heard the learned counsel for the applicant. None appears for the respondent though he has been duly served and afdavit of service has been fled.

This is an application fled by the wife for transfer of the proceedings of Divorce Petition No.654 of 2017 pending before the Family Court at Pune to Family Court at Nanded. The husband has fled divorce petition for dissolution of marriage. The applicant-wife has also fled Hindu Marriage Petition No.101 of 2017 in the Family Court at Nanded for restitution of conjugal rights. The wife has also fled the proceedings under the Protection of Women from Domestic Violence Act,2005. The learned counsel for the applicant submits that the wife is residing with her parents and she has no source of income. The learned counsel for the applicant submits that distance between Nanded to Pune is almost 500 k.m and it is very inconvenient for her to travel to Pune for attending the proceedings. The husband has not appeared despite service of

16mca296.doc notice to contest this application.

Considering the fact that divorce petition is fled by the husband at Pune and wife is residing with her parents at Nanded, the distance of which is 500 k.m, much inconvenience would be caused to the applicant-wife for attending the proceedings at Pune. Moreover, the applicant has also fled the proceedings for restitution of conjugal rights and under the Domestic Violence Act at Nanded. The applicant-wife is dependant on her parents.

Taking into consideration all these circumstances, Misc. Civil Application deserves to be allowed and accordingly allowed in terms of prayer clause (a).

(M.S.KARNIK,J.)