Sou. Shabnur Salim Mirjkar v. Shri Salim Maulaso Mirjakar

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29. MCA 67-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.67 OF 2016 Sou. Shabnur Salim Mirjkar ...

Applicant

Versus

Shri Salim Maulaso Mirjajar ...

Respondent .....

Mr. Santaram Tarale for the Applicant.

None for the Respondent.

.....

CORAM : S.C.GUPTE, J.

DATE : 8 MARCH 2017 P.C. :

.

Heard learned Counsel for the Applicant. The Respondent is absent despite being duly served. There is an affidavit filed by the Applicant in proof of such service. The Respondent was absent on the last two occasions as well.

The application is on the footing that the Applicant with her three daughters, the youngest of them being 9 years old, lives in Pandharpur and serves as Head Mistress in a School at Pandharpur. It is submitted that considering her duties at the School as also concerning her daughters, it is difficult for her to attend the proceedings filed by the Respondent-husband in the Court of Civil Judge, Junior Division at Jat, District Sangili. It is submitted that on the other hand, the Respondent being financially sound and able to attend the Court of Civil Judge, Junior Division at Pandharpur, District Solapur, without much inconvenience, it is in the interest of justice

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29. MCA 67-16.doc that the pending proceedings at Court of Civil Judge, Junior Division at Jat be transferred to the Court of Civil Judge, Junior Division at Pandharpur. The Respondent, who has not filed any reply and instead has been remaining absent despite service, does not join issue with these averments. In the premises, the misc. civil application is allowed in terms of prayer clause -(a).

(S.C. GUPTE, J.)