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Bombay High CourtMCA/78/2021application allowed

Manisha Alias Kiran Vinod Wankhede v. Vinod Baban Wankhede

2022-02-15Hon'Ble Smt. Justice Bharati Harish Dangre2 pages

*1* 955mca78o21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.78 OF 2021 MANISHA ALIAS KIRAN VINOD WANKHEDE

VERSUS

VINOD BABAN WANKHEDE ...

Advocate for the Applicant : Shri R.C. Bramhankar Advocate for the Respondent : Shri Sachin S. Panale ...

CORAM: SMT. BHARATI H. DANGRE, J.

DATE :- 15th February, 2022 Per Court:

1.

By the present application, the applicant/ wife is seeking transfer of HMP No.A-3/2021 filed by the respondent/ husband seeking dissolution of marriage, from the Family Court, Buldhana to the Family Court at Aurangabad.

This is the only proceeding which is pending between the parties.

2.

Difficulty expressed by the wife in undertaking journey of approximately 200 kilometers one way in attending the proceedings, is on account of her illiteracy and also because she is residing with six years old son and traveling with him on every date of hearing will cause great inconvenience.

3.

In the wake of the aforesaid reason, I am inclined to grant the

*2* 955mca78o21 relief sought in prayer clause C in the application, which reads thus:- "C) The divorce proceedings bearing HMP No.A-03/2021 may kindly be transferred, from the Court of learned Family Court, at Buldana to the Court of learned Family Court, Aurangabad or Civil Judge, Senior Division, Aurangabad."

4.

On the proceedings being transferred to the Family Court at Aurangabad, the learned Judge shall ensure that the respondent/ husband is not required to attend the proceedings on each date of hearing except whenever it is necessary for the purpose of examination or crossexamination and his personal appearance on every date of hearing shall be exempted.

With the aforesaid direction being issued, this Misc. Civil Application is allowed.

The learned Family Court, Buldhana, shall forthwith transmit the record and proceedings of HMP No.A-03/2021 to the Family Court at Aurangabad.

kps ( SMT. BHARATI H. DANGRE, J. )