Sujata Nishant Manwar v. Nishant Rameshrao Manwar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 947 MISC.CIVIL APPLICATION NO.21 OF 2022 SUJATA NISHANT MANWAR

VERSUS

NISHANT RAMESHRAO MANWAR ...

Advocate for Applicant : Mr.

Vikas G. Kodale h/f.

Mr. Gunale V.D., Mr. Adate Malhari S.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 29.09.2022 PER COURT :

Heard learned counsel for the applicant -wife. 2.

The respondent - husband despite service remained absent and therefore the matter is taken for final hearing. 3.

The applicant -wife is seeking transfer of Petition No.A136/2020 pending before the learned Judge, Family Court, Amravati, which has been filed by respondent for getting divorce from the applicant -wife.

4.

It appears that applicant -wife has also filed a proceeding under the provisions of Protection of Women from Domestic Violence Act,2005 bearing No. PWDV Application No. 146/2021 pending in the

Court of concerned learned Judicial Magistrate, First Class, Aurangabad.

5.

The learned counsel for the applicant -wife submits that the respondent -husband is regularly appearing in the said proceeding. Considering this, it appears that the Petition for divorce bearing No. A-136/2020 filed by the respondent -husband at Family Court, Amravati can be conveniently transferred to the Family Court, Aurangabad for proper adjudication of the dispute between the rival parties. Hence following order is passed :

ORDER

(i) The application is hereby allowed.

(ii) The Petition No. A-136/2020 pending before the learned Family Court, Amravati is hereby transferred to the learned Family Court at Aurangabad.

(iii) The learned Family Court, Aurangabad after receipt of the aforesaid proceeding may issue notice to respondent. (iv) The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE shp/-