Shantaram S/O Pundalik Gore v. Sow Shubhangi Shantaram Gore
1 M.C.A. 24.2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 24 OF 2016 Shantaram w/o Pundlikrao Gore ..... APPLICANT V E R S U S Sow. Shubhangi w/o Shantaram Gore ..... RESPONDENT .....
Mr. S.B.Kadu, Advocate for Applicant.
Mr. S.A.Ambad, Advocate for Respondent.
.....
CORAM : T.V.NALAWADE, J.
DATE : 20th APRIL, 2016 ORAL ORDER : .
The application is filed by the husband - applicant for transfer of H.M.P. No. 275/2012, presently pending in the Family Court, Nasik to the Court of the Civil Judge [Sr. Division], Shrirampur, district Ahmednagar where H.M.P. No. 125/2011 filed by the wife is pending. The husband has filed proceeding for divorce and the wife has filed proceeding for restitution of conjugal rights. Notice of the present proceeding was served on the wife and Mr. S.A.Ambad, but he did not turn up. Both sides are heard.
2.
As the wife has filed proceeding at the place of her convenience, as there is possibility of conflict
2 M.C.A. 24.2016.odt decision, this Court holds that both the matters be kept in one Court. At this stage, learned counsel for wife appeared.
He produced copy of Order dated 13/08/2015. It appears that in the past, this Court [other Hon'ble Judge] directed the husband to pay amount towards expenses of the wife. Now, the husband wants to bring both the matters together. That will be convenient for both the sides.
3.
In the result, Misc. Civil Application is allowed. H.M.P. No. 275/2012 pending in the Family Court, Nasik is withdrawn from that Court and is transferred to the Court of the Civil Judge [Sr. Division], Shrirampur, where H.M.P. No. 125/2011 is pending. Both the matters are to be decided together by the new Court. New Court is to expeditiously dispose of the matters and preferably within six months from the receipt of the record from the previous Court. Both the parties to appear before the new Court on 13/06/2016. If any amount has already fallen due in favour of wife, that amount is to be paid by the husband to the wife, if the wife had gone to the Court at Nasik to attend the matter. [T.V.NALAWADE, J.] KNP/M.C.A. 24.2016.odt