Archana Amol Gurav v. Amol Prakash Gurav

1 939 mca 8-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 MISC.CIVIL APPLICATION NO.8 OF 2020 ARCHANA AMOL GURAV

VERSUS

AMOL PRAKASH GURAV ...

Advocate for Applicant : Ms. A. N. Ansari Advocate for Respondent : Mr. U. S. Patil ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 11/08/2023.

P. C. :

1.

Heard rival submissions 2.

The applicant - wife is seeking transfer of HMP No.158 of 2019 fled by respondent- husband for getting divorce, from the court of CJSD, Chalisgaono, District Jalgaon, to Court of CJSD, Kopargaon, District Ahmednagar.

3.

According to the applicant-wife, she is not having any independent source of income. Moreover, she is maintaining one son, aged about 11 years without any fnancial support from the respondent. She has also fled three proceedings at Kopargaon, one under PWDV Act and other under Section 125 of Cr.P.C. and the third one for restitution of conjugal rights in the concerned courts, wherein the respondent - husband has already appeared. 4.

The learned counsel for the respondent- husband strongly opposed the application on the that the respondent husband is already paying maintenance to her and considering the short distance between Kopargaon and Chalisgaono, she may attend the dates at Chalisgaon.

2 939 mca 8-2020 5.

However, it is signifcant to note that the respondent is already attending the dates at Kopargaon in the proceedings fled by the applicant-wife and therefore, considering the convenience of applicant, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The HMP No.158 of 2019, pending in the court of CJSD, Chalisgaon, is transferred to the Court of CJSD, Kopargaon for its simultaneous disposal alongwith the petition for restitution of conjugal rights fled by the applicant therein, according to law.

(iii) The respondent is directed to appear before Court of CJSD, Kopargaon on or before 01/09/2023 and he will be at liberty to seek convenient dates for all the proceedings pending between himself and applicant at Kopargaon from the concerned courts.

(iv) The application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-