Punam Mayur Shinde v. Mayur Ashok Shinde
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 976 MISC.CIVIL APPLICATION NO.204 OF 2021 PUNAM MAYUR SHINDE
VERSUS
MAYUR ASHOK SHINDE ...
Advocate for Applicant : Shrinivas S. Wagh Advocate for respondent : Rajesh Mewara ...
CORAM: MANGESH S PATIL,J.
DATE : 08.12.2021 P.C.:
Mr.Rajesh Mewara, learned advocate submits that he has instructions to appear on behalf of respondent sole. 2] I have heard both the sides. At the request of the parties, the matter is heard finally at the stage of admission. 3] The applicant is the wife of the respondent seeking transfer of a divorce proceeding instituted by him and pending before a Court at Pune to the Court of competent jurisdiction at Rahata.
4] Having heard both the sides, it does appear that there are sufficient grounds for conceding to the request of the
applicant.
5] The applicant is the destitute staying at her parents mercy at Rahata. The divorce proceeding has been instituted in Pune. The distance between the two places is more than 250 Kms. It would certainly be inconvenient for her to defend that matter by going to Pune.
6] Besides, the applicant has also filed a proceeding under the Protection of Women from Domestic Violence Act which is pending in a court at Rahata. Irrespective of the request of the applicant in this application, the respondent husband will have to defend that proceeding by going to Rahata. Therefore, it would be convenient for both the sides if the divorce proceeding is transferred from Pune to Rahata with further direction to the Courts at Rahata to take up all the proceedings between the two sides on the same date. 7] The application is allowed. The Hindu Marriage Petition No.1269/2019 pending on the file of learned Civil Judge, Senior Division at Pune is transferred to the Court of Civil Judge, Senior Division at Rahata. The parties shall appear before the Court at Rahata on 03/01/2022 and there shall be no need for that Court to issue notice to them. 8] As far as possible all the Courts taking up all the matters between the parties at Rahata shall list all these matters on
the same date till they are disposed of.
[MANGESH S. PATIL,J.] umg/