Sonali Sachin Nagdeo v. Sachin Sital Nagdeo And Another

992-MCA-36-2021

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 36 OF 2021 SONALI SACHIN NAGDEO

VERSUS

SACHIN SITAL NAGDEO AND ANOTHER ...

Mr. V.S. Bedre - Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 31st March, 2023 PER COURT :

1.

Heard learned Counsel for the applicant - wife. The learned counsel for respondent no.1 - husband despite last chance remained absent. The respondent no.2 though served but remained absent.

2.

The applicant - wife is seeking transfer of Hindu Marriage Petition No.72 of 2020 filed by the respondent no.1 - husband for getting divorce from the Court of C.J.S.D. Nashik to the Family Court at Ahmednagar.

3.

According to the applicant - wife, she is not having any source of income. Moreover, she has also filed proceeding for divorce in the Family Court, Ahmednagar. Thus, it appears that applicant as well as respondent no.1 have claimed same 1/2 Pooja Kale

992-MCA-36-2021 relief of divorce against each other.

4.

As such, for avoiding conflict of decision both the petitions needs to be decided by one and the same court. There is no oppose to the application by respondent no.1 - husband. As such, considering the convenience of applicant - wife, following order is passed :

ORDER

a.

The application is hereby allowed.

b.

The Hindu Marriage Petition No. 72 of 2020 pending in the Court of C.J.S.D. Nashik is transferred to the Family Court at Ahmednagar for its simultaneous disposal alongwith the Petition filed by the applicant - wife therein according to law.

c.

The respondent no.1 is directed to appear before the Family Court, Ahmednagar, on or before 15th April, 2023.

d.

The application is disposed of accordingly.

[ SANDIPKUMAR C. MORE ] JUDGE 2/2 Pooja Kale