Deepali Santosh Muneshwar v. Santosh Gopinath Muneshwar

{1} mca55.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 55 OF 2022 Deepali w/o Santosh Muneshwar Applicant

Versus

Santosh Gopinath Muneshwar Respondent Mr. S. G. Muneshwar, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st December, 2022.

PC :

Heard learned Counsel for the applicant. Respondent-husband, despite service, remained absent. The applicant-wife is seeking transfer of Civil Misc. Application No. 109 of 2021, fled by respondent husband for custody of their daughter, from the District & Sessions Court, Thane to the Family Court at Nanded. The learned Counsel for the applicant submits that distance between Thane and Nanded is near about 560 Kms and if the applicant is asked to attend the dates at Thane, she will have to spend amount of Rs.5000/- for one

{2} mca55.22.odt such attendance. She is not having independent source of income and she is also looking after her daughter. Besides, the applicant has also fled three proceedings against the respondent at Nanded, namely (i) proceeding under the provisions of Protection of Women from Domestic Violence Act, 2005; (ii) Criminal proceedings under Section 498-A of IPC; and (iii) Petition for judicial separation. The respondent has already appeared in these proceedings.

Therefore, considering the convenience of the applicant-wife, following order is passed: (i) Misc. Civil Application is hereby allowed.

(ii) Civil Misc. Application No. 109 of 2021, is transferred from the District & Sessions Court at Thane to the Family Court, Nanded, for disposal according to law.

(ii) The respondent is directed to appear before the Family Court, Nanded, on or before 02nd January, 2023. (SANDIPKUMAR C. MORE) JUDGE adb