Sangeeta Naresh Vedi v. Naresh Haribhau Vedi

(904)-MCA-34-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.34 OF 2021 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.01.05 15:12:17 +0530 BALAJI GOVINDRAO PANCHAL Mrs. Sangeeta Naresh Vedi ..Applicant

Versus

Mr. Naresh Haribhau Vedi ..Respondent Ms. Nisha Ghanshyam Dubey, for the Applicant. None for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 5th JANUARY, 2022 P.C.

1.

Heard Ms. Nisha Dubey, learned counsel for the applicant.

2.

Mr. G. J. Karne, learned counsel has put his appearance for the non-applicant.

3.

Though matter was called out twice on 3rd January, 2022, counsel for non-applicant remained absent. As such, by way of last chance, matter was adjourned so as to enable counsel for the non-applicant to address this Court. Even today also, counsel for the non-applicant is absent.

4.

Applicant is seeking transfer of proceedings being Hindu Marriage Petition No.A-23 of 2021 initiated by the respondent on BGP.

(904)-MCA-34-21.doc.

the file of Family Court, Aurangabad to Family Court, Thane. The claim of the applicant is marriage between the parties took place on 31st May, 2001 and out of matrimonial discord non-applicant has initiated aforesaid proceedings. It is further brought to my notice that the applicant is custodian of the daughter and she has every reason to believe that the non-applicant/husband will commit violence. In the aforesaid background, the issue of hardship has to be answered in favour of the applicant.

5.

As such, prayer for transfer is allowed in terms of prayer clauses (A) and (B).

[NITIN W. SAMBRE, J.] BGP.