Mrs. Sampada Nikhil Raut v. Mr. Nikhil Pandurang Raut
Trupti 22-mca-335-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 335 OF 2017 Mrs. Sampada Nikhil Raut ...Applicant
Versus
Mr.Nikhil Pandurang Raut
...Respondent
......
Mr. Atish S.Kaningdhvaj for the Applicant.
Mr. Saurabh Dongre for the Respondent.
......
CORAM:
MRS.MRIDULA BHATKAR, J.
DATE :
MARCH 12, 2018 P.C.:
1.
This Application is moved by the applicant/wife under Section 24 of the Civil Procedure Code for transfer of Marriage Petition No. 125 of 2017 from Family Court, Pune to the Court of Civil Judge, Senior Division, Baramati.
2.
The learned Counsel for the applicant submits that the respondent/husband has filed Marriage Petition for nullity under Sections 12 (1) (b) read with 5 (ii) of the Hindu Marriage Act in the Family Court, Pune. On 9th February, 2017, the applicant/wife has filed a complaint under Domestic Violence Act bearing CR. M.A. No. 56 of 2017 in the Court of Judicial Magistrate, Daund. He further submits that she is residing at Daund with her parents and, therefore, he prays that the proceedings are to be transferred to the Court of Civil Judge, Senior Division, Baramati.
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Trupti 22-mca-335-17.doc 3.
The learned Counsel for the respondent/husband opposes this Application. He submits that the connectivity from Pune to Daund is very good. Daund is in the same District. The respondent/husband is paying Rs. 10,000/- p.m. to the applicant/wife. He further submits that the applicant/wife is staying at Village Rahu, Taluka Daund and, therefore, the proceedings are not to be transferred to Baramati. 4.
In view of the above submissions, I do not find any merit in this Application, as no good ground is made out for transferring the proceedings from Family Court, Pune to the Court of Civil Judge, Senior Division, Baramati. Hence, I dismiss this Application with following order :-
ORDER
The respondent/husband is directed to pay Rs. 500/- to the applicant/wife on each date of her attendance in the Family Court, Pune towards her travelling charges.
(MRIDULA BHATKAR, J.) 2 / 2