Warsha Sachin Rathod v. Sachin Kamalchand Rathod

MCA 39-2017 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 39 of 2017 Warsha W/o Sachin Rathod, age 30 years occupation household R/o Hitesh Rajesh Rathod, Saraswati Nagar, Dabaki road, old Akola District Akola.

...APPLICANT

VERSUS

Sachin S/o Kamalchand Rathod, age 35 years occupation private service R/o H.No. 495, Darji Bazaar, Chhawani, Aurangabad. ...RESPONDENT Mr Chetan T. Jadhav, Advocate, holding for Mr R.N. Bhapkar, Advocate for applicant.

Mr Anil B. Salve, Advocate for respondent sole. CORAM : N.W. SAMBRE, J.

DATE : 4th August, 2017 ORAL ORDER Prayer for transfer of proceedings from Aurangabad to Akola is opposed by the respondent on the ground that earlier applicant was residing at Aurangabad and there are threats to the life of respondent, at the behest of family members of the applicant.

MCA 39-2017 (2) 2.

From the pleadings, it could be inferred that the applicant is custodian of a minor daughter. She is residing at Akola alongwith her parents.

3.

In view thereof and considering the hardship and convenience of the applicant, particularly applicant being custodian of a minor daughter, in my opinion, the application needs to be allowed in terms of prayer clause "B".

4.

In case of persistence of threats, as alleged by the respondent, respondent is at liberty to take such steps, as are available. ( N.W. SAMBRE, J.) pjm