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Bombay High CourtWP/283/2019disposed offdismissed for default

Pranita Nivrutti Kambale And Another v. Nandlal Kisan Lokde

2019-12-03Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.283 OF 2019 PRANITA NIVRUTTI KAMBALE AND ANOTHER

VERSUS

NANDLAL KISAN LOKDE ...

Advocate for the Petitioners : Shri V. B. Dhage Advocate for the Respondent - sole : Shri M. D. Narwadkar ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 03rd DECEMBER, 2019 ...

PER COURT :

1.

The petitioner - wife is aggrieved by the order passed by the learned Principal District Judge, Nanded dated 30/11/2018 transferring Civil M.A. No. 16/2017 filed by the husband before the Court at Bhokar, to the Court of the learned 5th District Judge, Nanded. 2.

I have considered the submissions of the learned Advocates for the respective sides. Several allegations have been levelled against each other, including the allegation that neither of them wants to lose an

opportunity of attacking the other.

3.

The learned Advocate for the wife submits that she would ensure that the husband is neither insulted nor assaulted when he would attend the Court proceedings at Bhokar. Other proceedings between the parties have also been transferred to Bhokar. 4.

In view of the statement made by the petitioner, which shall be treated as a statement made to the Court and since the husband is satisfied with the assurance given, the impugned order is set aside and Civil M.A. No.16/2017 shall be returned to the file of the learned District Judge, Bhokar. Both the parties shall appear in Civil M.A. No. 16/2017 at Bhokar on 20/12/2019. Notices need not be issued by the Trial Court.

5.

It is made clear that if the respondent husband suffers any untoward act at the behest of the petitioner, this order would stand recalled and the husband would be at liberty to request the learned

Principal District Judge, Nanded to restore his order dated 30/11/2018 passed in Civil M.A. No. 163/2018. (RAVINDRA V. GHUGE, J.) shp/-