Jyoti Gyanaba Bhosale v. Gyanaba Janakiram Bhosale

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 20 OF 2023 JYOTI GYANABA BHOSALE

VERSUS

GYANABA JANAKIRAM BHOSALE ...

Mr. P.S. Koshti & Mr. G.T. Kharate - Advocates for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 4th May, 2023 PER COURT :

1.

Heard learned Counsel for the applicant - wife. The respondent - husband though served with notice but remained absent.

2.

The applicant - wife is seeking transfer of Marriage Petition No. 369 of 2021 pending before Family Court, Latur filed by respondent - husband for restitution of conjugal rights, to the Court of Civil Judge Senior Division, Basmath, Dist. Hingoli.

3.

According to the applicant - wife, she is not having any independent source of income and at present she is 1/3

maintaining two children without any financial assistance from the respondent - husband. Moreover, she has also filed proceeding under Section 125 of Criminal Procedure Code for getting maintenance from the respondent - husband in the Court of Judicial Magistrate First Class, Basmath, Dist. Hingoli. The respondent - husband has already appeared there.

4.

There is no oppose to this application and even otherwise also the respondent will have to attend the dates at Basmath, Dist. Hingoli. As such, considering the convenience of applicant - wife following order is passed :-

ORDER

(i) The application is hereby allowed.

(ii) The Marriage Petition No. 369 of 2021 pending in Family Court, Latur is transferred to the Court of Civil Judge Senior Division, Basmath, Dist. Hingoli for disposal according to law.

(iii) The respondent - husband is directed to 2/3

appear before the Court of Civil Judge Senior Division, Basmath, Dist. Hingoli on or before 15th June, 2023.

(iv) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE 3/3