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Bombay High CourtMCA/27/2016admittedallowedgrantedrule absolute

Shital W/O Premchand Chole v. Premchand S/O Vasantrao Chole

2016-04-02Hon'Ble Shri Justice T.V. Nalawade3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 27 OF 2016 Shital w/o Premchand Chole ..... APPLICANT V E R S U S Premchand s/o Vasantrao Chole ..... RESPONDENT .....

Mr. S.B.Bhapkar, Advocate for Applicant.

Mr. S.V.Munde, Advocate for Respondent.

.....

CORAM : T.V.NALAWADE, J.

DATE : 2nd APRIL, 2016 ORAL ORDER :- .

The application is filed by the wife - applicant for transfer of H.M.P. No. 155/2015, presently pending in the Court of the Civil Judge [Sr. Division], Pandharpur to the Family Court at Nanded. Heard both sides.

2.

It is the case of wife that she has no source of income and she can not afford to spend on conveyance, attendance, etc. to contest the matter in the Court at Pandharpur. It is her case that the distance between Pandharpur and Nanded is around 300 Kms. The age of the wife is 22 years and she will be required to take one attendant with her to Pandharpur. Further it is her case

2 M.C.A. 27.2016.odt that she had filed maintenance proceeding in the Court at Nanded and the husband is required to come to Nanded. 3.

Learned counsel for the husband submitted that the matter can be transferred to the Court at Latur, where both sides can go and the place will be convenient to both sides.

4.

The wife has no source of income. It was submitted for the husband that he has also no source of income. The husband is expected to make the income. To enable the wife to contest the matter effectively, the matter needs to be transferred to Nanded. In any case the husband will be required to come to Nanded. 5.

In the result, the application is allowed. H.M.P. No. 155/2015 presently pending in the Court of the Civil Judge [Sr. Division], Pandharpur is withdrawn from that Court and is transferred to the Family Court, Nanded. The new Court to take care and see that both the proceedings are to be kept on the same date so that no inconvenience is caused to both sides. The new Court to expedite the proceedings and dispose of the same within six months from the date of receipt of the record from the previous Court. Both the parties to appear in the new Court on 06/06/2016.

[T.V.NALAWADE, J.] KNP/M.C.A. 27.2016.odt

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