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Bombay High CourtMCA/97/2024application allowed

Neha Aniket Dangale v. Aniket Arun Dangale

2024-07-18Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:14709

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 923 MISC.CIVIL APPLICATION NO. 97 OF 2024 Neha Aniket Dangale

VERSUS

Aniket Arun Dangale ...

Advocate for Applicant : Mr. Tungar Hrishikesh V. None present for Respondent.

...

CORAM : R. M. JOSHI, J.

Dated : July 18, 2024 PER COURT :- 1.

None for respondent in spite of service of notice, this indicates that respondent is not inclined to oppose the application. 2.

Applicant is wife. She claims that she does not have any source of income and she is dependent on her parents. According to her she had filed proceedings bearing Criminal MA No.1144/2023 under the provisions of Protection of Women From Domestic violence Act, 2005. Proceeding under Section 125 of Code of Criminal Procedure bearing No.E-203/2023 is pending before Family Court, Dhule. She also claims that an offence has been registered against the respondent under Section 498-A, 323, 419, 504, 506, 34 of the Indian Penal Code and said Regular Criminal Case No.52/2024 is pending before Judicial Magistrate First Class, Dhule. It is contended that respondent has filed petition for Restitution of Conjugal Rights bearing Petition No.A-52/2024 before Family Court at Nashik. She prays for transfer of this proceedings to Dhule as it is Page 1 of

923 MCA 97-2024 inconvenient for her to travel to Nashik.

3.

The contention of the applicant has gone unchallenged. The respondent/ husband will have no option but to attend all three proceedings before the Courts at Dhule. In such circumstances, no prejudice will be caused to him if petition No.A-52/2024 , pending before Family court, nashik is transferred to Dhule. 4.

In view of the above, application is allowed in terms of prayer Clause 'B'.

5.

In order to ensure that the respondent is not harassed by calling him on number of occasions to Dhule, all these proceedings are directed to be placed for hearing on the same date. 6.

It shall be the responsibility of the wife to inform about this order to all concerned.

( R. M. JOSHI, J. ) vj gawade/-.

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