Chanda Sameer Hingne v. Sameer Dhondiram Hingne

{1} MCA 21.18.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO.21 OF 2018 Sau. Chanda w/o Sameer Hingne Applicant

Versus

Sameer s/o Dhondiram Hingne Respondent Mr.A.A.Mukhedkar, advocate for the applicant ...

CORAM : RAVINDRA V. GHUGE, JUDGE (Date : 20th March, 2019) PER COURT :- Despite service of the Court notice, none appeared for the respondent. The applicant then served the respondent by paper publication in C.A. No.12320/2018. Yet, the respondent-husband did not appear in the proceedings and the MCA was restored as it was dismissed earlier, as effective steps to serve the respondent were not taken. After restoration of the MCA, the respondent was again served through paper publication. None appeared on the returnable date on 18.1.2019. None appeared on 20.2.2019. None appears even today.

The applicant has initiated two proceedings in 2017 in the Courts at Nanded, seeking restitution of conjugal rights and for seeking maintenance. The husband has attended the hearing in these two matters.

{2} MCA 21.18.odt I do not find that any purpose would be served in directing the applicant to travel to Latur for participating in the proceedings filed by the husband, when he himself travels to Nanded in two proceedings.

As such, this application is allowed.

HMP No.A-303/2017 stands transferred to the learned Family Court at Nanded. The applicant shall appear before the Court at Nanded on 5.4.2019. The said Court may issue notice to the respondent to cause his appearance. Liberty is granted to the respondent to pray for common dates in all the matters at Nanded, so that he can participate in the said proceedings in common visits (RAVINDRA V. GHUGE), JUDGE vbd