Sujata Mukund Vagare Alias Sujata Madhukar Mane v. Mukund Tukaram Vagare

1 989 mca 79-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 MISC.CIVIL APPLICATION NO.79 OF 2022 SUJATA MUKUND VAGARE ALIAS SUJATA MADHUKAR MANE

VERSUS

MUKUND TUKARAM VAGARE ...

Advocate for Applicant : Mr. H. P. Jadhav Advocate for Respondent : Mr. G. L . Deshpande ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 16/03/2023.

P. C. :

1.

The learned counsel Ms. Ashwini Lomte submits that her appearance may be discharged since learned counsel Mr. G. L. Deshpande has fled Vakalatnama on behalf of the respondent. As such, the appearance of Ms. Ashwini Lomte stands discharged. 2.

Heard rival submissions 3.

The applicant - wife is seeking transfer of Petition A-No.392 of 2021 fled by respondent- husband for getting divorce, to the Court of CJSD, Ambajogai, Disitrict Beed from Family Court, Latur. 4.

According to the applicant-wife, she is not having any independent source of income. Moreover, she has also fled proceedings under PWDV Act in the Court of concerned JMFC at Ambajogai. Moreover, criminal prosecution under section 498A of IPC is also going on at Ambajogai, wherein the respondent - husband has already appeared.

5.

The learned counsel for the respondent- husband strongly opposed the application on the ground that distance between Latur

2 989 mca 79-22 and Ambajogai is only of 49 Kms. and therefore the applicant can very well attend the dates at Latur.

6.

However, it is signifcant to note that the respondent is already attending the dates at Ambajogai and therefore, he can also attend the dates of his divorce petition if transferred to Ambajogai without any inconvenience. As such, considering the convenience of applicant, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The Petition A No.392 of 2021 pending in the Family Court Latur is transferred to the Court of CJSD, Ambajogai, District Beed for disposal according to law.

(iii) The respondent is directed to appear before Court of CJSD, Ambajogai, District Beed on or before 15/04/2023. He will be at liberty to seek convenient dates for all these three proceedings. (iv) The Concerned Courts at Ambajogai are directed to dispose all these proceedings as early as possible.

(v) The application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-