Deepa Vaibhav Puri v. Vaibhav Vishwambhar Puri

{1} mca27.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 27 OF 2022 Deepa w/o Vaibhav Puri Applicant

Versus

Vaibhav s/o Vishwambhar Puri Respondent Mr. R. S. Shinde, advocate for the Applicant Ms. Vaishali Swami, advocate holding for Mr. A. D. Wange, advocate for the Respondent.

CORAM : SANDIPKUMAR C. MORE J.

DATE : 30th September, 2022.

PC :

Leave to correct the prayer clause "B"and "C" in respect of number of Petition at Family Court, Latur. Heard rival submissions. Also perused the entire record. The applicant-wife is seeking transfer of Marriage Petition No.A-41 of 2021, fled by Respondent-husband at Family Court, Latur, for divorce, to the Family Court, Pune. The learned Counsel for the applicant-wife submits that the applicant has no source of income. Moreover, a girl child is also with her to whom not a single payee is provided by the Respondent-husband towards maintenance.

On the contrary, the learned Counsel for the Respondent-husband strongly opposed the submissions made on behalf of the applicant-wife and contended that the husband is

{2} mca27.22.odt suffering from mental illness and, therefore, unable to travel long distance.

It is to be noted that Latur is situated at a distance of 380 Kms from Pune, where the applicant is residing. Further, she has no independent source of income and it is also pointed out that the Respondent-husband has not made any provision for maintenance either for the applicant or their daughter. Considering all these facts, the matter at Family Court, Latur, can be conveniently transferred to Family Court, Pune, where proceedings fled by applicant-wife under the Protection of Women from Domestic Violence Act, 2005, are going on. As such, following order is passed.

(i) Misc. Civil Application is hereby allowed and Marriage Petition No.A-41 of 2021, pending in the Family Court, Latur, is hereby transferred to the Family Court, Pune. (ii) The rival parties are directed to appear before the Family Court, Pune, on 21st October, 2022.

(iii) The Respondent-husband is at liberty to mention before the Family Court, Pune, for accommodating him by giving appropriate dates.

(SANDIPKUMAR C. MORE) JUDGE adb