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Bombay High CourtMCA/71/2023application allowed

Sapna Dattatraya Totawar v. Dattatraya Venkatrao Totawar

2023-04-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

971-MCA-71-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 71 OF 2023 SAPNA DATTATRAYA TOTAWAR

VERSUS

DATTATRAYA VENKATRAO TOTAWAR ...

Mr. B.R. Kedar - Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th April, 2023 PER COURT :

1.

Heard learned Counsel for the applicant - wife. The respondent - husband though served but remained absent. 2.

The applicant - wife is seeking transfer of Marriage Petition No. 56 of 2022 pending in the Court of Civil Judge Senior Division, Ratnagiri filed by respondent - husband for getting divorce, to the Court of Civil Judge Senior Division, Biloli, Dist. Nanded.

3.

According to the applicant - wife, she is not having any independent source of income and the distance between Ratnagiri and Biloli is of 650 Kilometers and therefore she is unable to travel to Ratnagiri without any financial assistance. She is also maintaining three small children. Moreover, she Pooja K.

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971-MCA-71-2023 has also filed two proceedings, one under the provisions of Protection of Women from Domestic Violence Act, 2005 against the respondent - husband and his family members and other is under Section 125 of Criminal Procedure Code for getting maintenance. There is no oppose to the application and therefore, considering the convenience of applicant, following order is passed :-

ORDER

(i) The application is hereby allowed.

(ii) Marriage Petition No.56 of 2022 pending in the Court of Civil Judge Senior Division, Ratnagiri is transferred to the Court of Civil Judge Senior Division, Biloli, Dist. Nanded for disposal according to law.

(iii) The respondent is directed to appear before Court of Civil Judge Senior Division, Biloli, Dist. Nanded, on or before 15th June, 2023.

(iv) The application is disposed of accordingly.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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