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Bombay High CourtMCA/21/2018

Sau. Mayuri Kiran Wagh v. Shri Kiran Dilip Wagh

2018-06-05Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

42 MCA 21 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.21 OF 2018. Sou. Mayuri Kiran Wagh ...

Applicant.

V/s.

Kiran Dilip Wagh ...

Respondent Ms. Avanti Inamdar i/by Rameshwar N. Gite, for apploicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 5th JUNE, 2018.

P.C. :

1] Heard learned counsel for the applicant.

2] Respondent is absent though duly served with notice. 3] It is submitted that the applicant is resident of Nashik; whereas Marriage Petition No.1277 of 2017 is filed by the respondent in the Court of Civil Judge Senior Division, Kalyan. The applicant being lady finds it difficult to travel at Kalyan having regard to the fact that she has already been assaulted and threatened by the respondent in the said premises. The complaints are filed in the Court. Further it is submitted that the applicant has also filed Criminal Case under Sections 498A and 420 of Indian Penal Code which is pending in the Court at Nashik. The proceeding under 1/2

42 MCA 21 OF 2018.odt Section 125 of Code of Criminal Procedure, is also pending in the Court at Nashik. Even the proceeding under Domestic Violence Act, is also filed in the Court at Nashik..

4] In view thereof, it is desirable that all the proceedings between the parties should be conducted and tried at one place. Accordingly this application is allowed.

5] The Marriage Petition No.1277 of 2017 filed by the respondent in the Court at Civil Judge Senior Division, Nashik is transferred to the Family Court at Nashik.

6] The parties to appear before Family Court, Nashik on 06.07.2018.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2