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Bombay High CourtMCA/72/2018disposed offdismissed for default

Jaya Vishal Sangele v. Vishal Raja Sangele

2018-10-29Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.72 OF 2018 Sau. Jaya Vishal Sangele Applicant

VERSUS

Vishal Raja Sangele Respondent ...

Mr. M.M. Bhokarikar, Advocate for the applicant ...

CORAM : RAVINDRA V. GHUGE, J.

DATE : 29th OCTOBER, 2018 PER COURT :

The applicant wife seeks transfer of Regular Darkhast No.39/2017 along with H.M.P. No.87/2017, from the Court of the learned Civil Judge Senior Division, Nandurbar to the Court of the Civil Judge Senior Division, Bhusawal, Dist. Jalgaon.

The applicant with her three years old daughter, is residing with her parents after being driven out of the marital home. She was harassed and tortured. An adult member of the family has to accompany her to attend the Court proceeding at Aurangabad. Reliance is placed upon the following judgments :

MCA_72_2018 i) Vennangot Anuradha Samir Vs. Vennangot Mohandas Samir, 2016(1) Bom.C.R. 250.

ii) Soma Choudhuri Vs. Gourab Choudhuri (2004) 13 SCC 462. iii) Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374.

iv) Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap, 2016 AIR (SC) 3584 v) Sayali Swapnil Kuber Vs. Swapnil Harischandra Kuber, [2014(1) Mh.L.J. 584].

vi) Nilima Vs. Pavansingh, LEX (BOM) 2011 9 193 and vii) Shila Nitin Rajure Vs. Nitin Marotiappa Rajure, MCA No.184 of 2017 (Aurangabad Bench), dated 09.01.2018. Issue notice to the respondent, returnable on 17.12.2018. Until then, the trial Court shall adjourn R.D. No.39/2017 along with H.M.P. No.87/2017.

Copy of the petition paper book, for issuance of notice, shall be supplied and all objections shall be removed on/or before 19.11.2018, failing which, this application shall stand rejected without reference to the Court on 21.11.2018.

[RAVINDRA V. GHUGE, J.] Donge/-