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Bombay High CourtMCA/290/2018allowed

Sau. Neeta Sandeep Sonawane v. Shri. Sandeep Madhukar Sonawane

2023-01-06Hon'Ble Shri Justice Amit Borkar2 pages

TAUSEEF LAIQUEE FAROOQUI Tauseef Farooqui 01-MCA.290.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TAUSEEF LAIQUEE FAROOQUI Date: 2023.01.06 19:06:06 +0530 CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.290 OF 2018 Sau. Neeta Sandeep Sonawane ...Applicant V/s.

Shri. Sandeep Madhukar Sonawane

...Respondent

Mr. Sumit V. Khaire for Applicant.

CORAM

:

AMIT BORKAR, J.

DATE :

JANUARY 06, 2023 P.C.:

1.

The wife has filed present application seeking transfer of Hindu Marriage Petition No.910 of 2017, from learned Civil Judge, Senior Division, Kalyan to the court having competent jurisdiction at Pune.

2.

Applicant is the respondent in Hindu Marriage Petition No.910 of 2017 which has been filed under Section 13(a-i) (a-b) (sic) of the Hindu Marriage Act, 1955.

3.

In paragraph no.5 of the petition, it has been stated that the petitioner has no independent source of income and is unable to maintain herself and her kids having age 9 years and 7 1⁄2 years respectively. It is also stated that the respondent has refused and neglected to maintain the applicant. 4.

This court by order dated 12th December 2018, issued notice to the respondent. Despite service, respondent has not

Tauseef Farooqui 01-MCA.290.2018.doc appeared in the matter nor has filed the affidavit. This court on 3rd January 2022, again issued fresh notice to the respondent. 5.

Considering the ground made out in the application that he has no independent source of income and has to take care of her two children. The applicant has made out a case for transfer.

6.

Miscellaneous Civil Application is, therefore, allowed in terms of prayer clause (a).

(AMIT BORKAR, J.)