Sonali Kishor Gadekar v. Kishor Ganpat Gadekar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 948 MISC.CIVIL APPLICATION NO.31 OF 2022 SONALI KISHOR GADEKAR
VERSUS
KISHOR GANPAT GADEKAR ...
Advocate for Applicant : Mr.Shermale K. N.
...
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 29.09.2022 PER COURT :
Heard learned counsel for the applicant -wife. The respondent -husband despite service remained absent and therefore, the matter is taken for final hearing.
2.
The applicant -wife is seeking transfer of Hindu Marriage Petition No.146/2021 pending before the learned Civil Judge Senior Division, Khed-Rajgurunagar, Taluka Khed, District Pune, which has been filed by the respondent -husband for restitution of conjugal rights against her.
3.
It appears that applicant -wife has also filed three proceedings against the respondent -husband. One is, D.V proceeding bearing Criminal Misc. Application No. 1038/2019 pending with the concerned learned Judicial Magistrate First Class, at Sangamner. Second is, Criminal proceeding under Section 498-A of the Indian
Penal Code, wherein charge-sheet is not yet filed and the third one is, HMP No. 120/2020 pending before the learned Civil Judge, Senior Division, Sangamner for seeking relief of divorce from respondent - husband. It is pointed out that the respondent -husband has appeared in all these proceedings.
4.
As such, the only Petition pending at Khed-Rajgurunagar, Taluka Khed, District Pune conveniently transferred to the learned Civil Judge Senior Division, Sangamner, Taluka Sangamner, District Ahmednagar for proper adjudication of the dispute between the parties. Hence, following order is passed :
ORDER
(i) The application is hereby allowed.
(ii) The HMP No. 146/2021 pending before the learned Civil Judge Senior Division, Khed-Rajgurunagar, Taluka Khed, District Pune, is hereby transferred to the Court of learned Civil Judge Senior Division, Sangamner, Taluka Sangamner, District Ahmednagar for its simultaneous disposal with HMP No. 120/2020 already pending therein.
(iii) The application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE .....
shp/-