Varsha Ravikiran Shinde Alias Varsha Murlidhar Gavale v. Ravikiran Vadavrao Shinde

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 77 OF 2022 Varsha w/o Ravikiran Shinde @ Varsha d/o Murlidhar Gavale Applicant

Versus

Ravikiran s/o Yadavrao Shinde Respondent Mr. Avinash Hande, advocate holding for Mr. V. B. Dhage, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 09th March, 2023.

PC :

Heard learned Counsel for the applicant. The respondent, despite service, remained absent. The applicant-wife is seeking transfer of HMP No. 165 of 2021 fled by the respondent-husband for restitution of conjugal rights, from the Court of Civil Judge, Senior Division, Udgir, District Latur to the Court of Civil Judge, Senior Division, Kandhar, District Nanded.

{2} According to the applicant, she is not having any independent source of income. Moreover, she is looking after two minor daughters without any fnancial assistance from the respondent. Further, she has also fled proceedings under the provisions of Protection of Women from Domestic Violence Act against the respondent and his family members. There is no oppose to this application. Since the applicant is not having source of income and she is also maintaining two minor daughters begotten out of this wedlock, considering the convenience of the wife, following order is passed:

(A) Misc. Civil Application is allowed.

(B) Petition bearing HMP No. 165 of 2021 is hereby transferred to the Court of Civil Judge, Senior Division, Kandhar, District Nanded from the Court of Civil Judge, Senior Division, Udgir, District Latur, for disposal according to law.

{3} (C) The Respondent is directed to appear before the Civil Judge, Senior Division, Kandhar, District Nanded, on or before 1st April, 2023.

Misc. Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb