Ujwala Sunil Wathore v. Sunil Namdeo Wathore

975mca20.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 975 MISC.CIVIL APPLICATION NO.20 OF 2021 UJWALA SUNIL WATHORE

VERSUS

SUNIL NAMDEO WATHORE ...

Advocate for Applicant : Mr.G.G. Suryawanshi ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 08.12.2022.

PER COURT :

1.

Heard the learned counsel for the applicant wife. The respondent despite service remained absent.

2.

The applicant is seeking transfer of HMP No. 236 of 2018 filed by the respondent/husband for getting divorce from the Court of learned Civil Judge, S.D. Wardha to the Family Court, Nanded. 3.

The learned counsel applicant submits that the applicant has filed proceedings under Section 125 of Cr.P.C. at Nanded Family Court. Moreover, the respondent/husband himself has filed one proceeding at Nanded for getting custody of the children. Thus, it appears that the respondent/husband any how, needs to come to Nanded for attending the dates of the proceedings filed by him. Further, the distance between Wardha and Nanded is 260 k.m. and

975mca20.21 therefore, it would be highly impossible for the applicant wife to attend the dates at Wardha. In view of the same following order is passed :

ORDER

i) The application is hereby allowed.

ii) The Hindu Marriage petition No. 236 of 2018 pending in the court of Civil Judge, Senior Division, Wardha is hereby transferred to Family Court, Nanded for its disposal according to law.

iii) The respondent/husband is directed to appear before the Family Court, Nanded in the aforesaid petition after its transfer on 25.01.2023.

iv) Application accordingly disposed of.

( SANDIPKUMAR C. MORE ) JUDGE mahajansb/