Bombay High CourtMCA/71/2016admittedallowedgrantedrule absolute

Mrs. Surekha Ajay Patil v. Mr. Ajay Paditrao Patil

2016-06-30Hon'Ble Shri Justice T.V. Nalawade2 pages

1 MCA 71 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 MISC.CIVIL APPLICATION NO. 71 OF 2016 MRS. SUREKHA AJAY PATIL

VERSUS

MR. AJAY PADITRAO PATIL -------- Shri. D.B. Shinde and Shri. M.R. Bhokarikar, Advocates, for applicant.

-------- CORAM: T.V. NALAWADE, J.

DATE : 30 JUNE 2016 ORDER:

1) The application is filed by wife for transfer of Hindu Marriage Petition No.216/2015 presently pending in the Court of the Civil Judge, Senior Division, Dhule to the Court of the Civil Judge, Senior Division, Jalgaon. Notice of the present proceeding is served on the husband but he has not turned up. Heard learned counsel for the applicant wife.

2) It is the case of the wife that she has no source of income. She cannot afford to go to Dhule to contest the matter filed against her by the husband. It is her case that she has filed some proceedings like proceeding under the Protection of Women from Domestic Violence Act in the

2 MCA 71 of 2016 Court from Jalgaon and in any case the husband will be required to come to Jalgaon to contest those matters. It is her case that no inconvenience will be caused to the husband if all the cases are brought at one and the same station.

3) In view of the unrebutted contentions and the submissions made this Court holds that the application needs to be allowed. In the result, the application is allowed. Hindu Marriage Petition No.216/2015 presently pending in the Court of the Civil Judge Senior Division, Dhule is withdrawn from that Court and is transferred to the Court of Civil Judge Senior Division Jalgaon. The new Court to take care and see that the date of the present matter matches with the date given in other proceedings filed by the wife in the Court from Jalgaon.

4) The new court is to issue notice on court motion to the husband to inform him the date of hearing and only after service of notice hearing is to start of the present proceeding. The wife is to appear before the new Court on 8th August 2016.

rsl (T.V. NALAWADE, J. )