Sneha @ Snehal Sagar Upadhayya v. Sagar Subhash Upadhayya

mca9.17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.9 OF 2017 Sneha @ Snehal w/o Sagar Upadhayya, Age : 24 yrs., Occ. Nil, R/o C/o Satyanarayan Durgaprasad Joshi (Sharma), Beleshwar Nagar, Nandkheda Road, Parbhani, Tq. & Dist. Parbhani ..APPLICANT

VERSUS

Sagar s/o Subhash Upadhayya, Age : 29 yrs., Occu. Private Service, R/o Nawale Colony, Chide Mala, Near Railway Line, Nashik Road, Nashik, Tq. & Dist. Nashik ..RESPONDENT Mr Sudhir K. Chavan, Advocate for applicant; Mr D.B. Shinde, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 20th June, 2017 ORAL ORDER By the present application under Section 24 of the Code of Civil Procedure, the applicant-wife seeks transfer of Hindu Marriage Petition No. 616 of 2016, initiated by the respondent-husband seeking a decree for divorce under Section 13 (1) (i-a) of the Hindu Marriage Act, from Family Court, Nashik to the Court at Parbhani as she is residing at Parbhani. It is claimed that the distance between these two places is around 300 Kms. and the applicant will suffer hardship and inconvenience.

mca9.17 (2) 2.

The claim is opposed on two counts; firstly, that the present applicant-original respondent before the Family Court is an Advocate by profession and secondly, it is within one month of the marriage the differences arose between the parties. Thus, it is prayed that H.M.P. No. 616 of 2016 be transferred to any other place than Parbhani. 3.

It is an admitted position that Nanded is a place which is located on the railway track connecting Nashik and Parbhani. 4.

In the aforesaid background, H.M.P. No.616 of 2016, pending on the file of Family Court, Nashik, shall stand transferred to Family Court, Nanded.

5.

Parties agree that they shall appear before the Family Court, Nanded on 3rd July, 2017.

6.

Misc. Civil Application stands disposed of in above terms. (N.W. SAMBRE, J.) amj