Renuka Nitin Bondre v. Nitin Shriram Bondre

44-mca67-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 MISC.CIVIL APPLICATION NO.67 OF 2021 RENUKA NITIN BONDRE

VERSUS

NITIN SHRIRAM BONDRE ...

Advocate for Applicant : Ram S. Shinde (Borolkar) Advocate for respondent : Ameya J. Bhatt ...

CORAM: MANGESH S PATIL,J.

DATE : 29.11.2021 P.C.:

Heard both sides finally.

2] This is an application under Section 24 of the Code of Civil Procedure by a wife seeking transfer of Marriage Petition No.A-390/2019 pending on the file of Family Court at Aurangabad to a Court of competent jurisdiction at Udgir where she has been residing after the couple got separated. 3] The learned advocate for the respondent strongly opposes the request.

4] It is a matter of record that the wife has also initiated couple of proceedings, one under the Protection of Women from Domestic Violence Act and the other for the offence punishable under Section 498-A of the I.P.C. etc. both of which are going on in the Courts at Udgir.

44-mca67-21.odt 5] Irrespective of all the other facts and circumstances, the respondent husband will have to defend the two proceedings by going to Udgir. Instead of putting both the sides to inconvenience by making them commute between the two places, interest of justice would be met if the Marriage Petition pending at Aurangabad is also directed to be transferred to Udgir and issue direction to all the Courts at Udgir to conduct all these matters as far as possible on the same date to obviate inconvenience even to the respondent husband. 6] The application is allowed. Marriage Petition No.A390/2019 stands transferred to the Court of Civil Judge, Senior Division at Udgir. The parties to appear before that Court on 24/12/2021 and there shall be no need for the Court at Udgir to issue any notice to them.

7] All the Courts at Udgir wherever the different proceedings between the two sides are going on shall list all these matters on the same dates.

[MANGESH S. PATIL,J.] umg/