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Bombay High CourtMCA/52/2023disposed off

Pratiksha Vijay Palaskar @ Pratiksha Eknath Palaskar v. Vijay Ananda Palaskar

2023-07-14Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 973 MCA-52.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 MISC.CIVIL APPLICATION NO.52 OF 2023 PRATIKSHA VIJAY PALASKAR @ PRATIKSHA EKNATH PALASKAR

VERSUS

VIJAY ANANDA PALASKAR ...

Mr. S.A. Ambad, Advocate holding for Mr. Vinod Sakhare, Advocate for the applicant.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

14.07.2023 ORDER:- 1.

It appears that learned Counsel Mr. Deshpande had assured Sheristadar of this Court to appear in this matter as per order dated 22nd June 2023. On last occasion i.e. on 30.06.2023, he took an adjournment on account of filing Vakalatnama and reply. However, today learned Counsel Mr. Deshpande remained absent despite seeking adjournment for filing Vakalatnama.

2.

Heard learned Counsel for the applicant - wife. The applicant - wife is seeking transfer of Marriage Petition bearing No. A-3391 of 2021 pending in the Family Court, Bandra at Mumbai filed by respondent - husband for getting divorce, to the Family Court, Aurangabad.

3.

According to the applicant-wife, she is not having

(2) 973 MCA-52.2023.odt any independent source of income. Moreover, she has also filed proceeding under the provisions of Protection of Women from Domestic Violence Act against the respondent - husband at Aurangabad. There is no oppose to the present application. Further, the respondent will have to attend the dates at Aurangabad in the proceeding filed by the applicant. Moreover distance between Bandra and Aurangabad is more than 400 kms. As such, considering the convenience of applicant, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) Marriage Petition No. A-3391/2021 pending in the Family Court, Bandra at Mumbai is transferred to the Family Court, Aurangabad for disposal according to law.

(iii) The respondent is directed to appear before the learned Family Court, Aurangabad on or before 01.08.2023..

(iv) The application is disposed of accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde