Rutuja Yuvraj Mane v. Yuvraj Bhagwan Mane

35-MCA-281-2022.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.281 OF 2022 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2022.11.16 20:20:18 +0530 ARJUN VITTHAL KUDHEKAR Rutuja Yuvraj Mane ...Applicant

Versus

Yuvraj Bhagwan Mane

...Respondent

Mr. S. T. Bhosale, for the Applicant.

CORAM : MADHAV J. JAMDAR, J.

DATED : 16th NOVEMBER 2022 P.C. :

1.

Heard Mr. Bhosale, learned counsel appearing for the Applicant.

2.

This Court by order dated 11th July, 2022, issued notice for final disposal and made the same returnable on 10th August, 2022. This Court has also granted interim relief in terms of prayer clause (b). Office noting shows that the Respondent has been duly served. Inspite of service none appears for the Respondent.

3.

The relief sought in the Miscellaneous Civil Application is to transfer the Hindu Marriage Petition No. 1/2

35-MCA-281-2022.doc Arjun 81 of 2022 pending before learned Civil Judge, Senior Division, Pune to the Court of learned Civil Judge, Senior Division, Barshi. The Applicant is staying at Upale Dumala, Tal. Barshi Dist. Solapur.

4.

It is the contention raised in the Miscellaneous Civil Application that the distance between Barshi and Pune is about 275 kms. Mr. Bhosale submits that apart from the distance, the Petitioner is not having any income source. As the Respondent has not appeared in the matter and has not filed any affidavit of reply, the contentions raised in the Miscellaneous Civil Application have remained uncontroverted. For the above reasons and for the reasons set out in the Miscellaneous Civil Application, this is a fit case where the said Hindu Marriage Petition needs to be transferred.

5.

For the above reasons, Miscellaneous Civil Application is allowed in terms of prayer clause (a). [MADHAV J. JAMDAR, J.] 2/2