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Bombay High CourtMCA/97/2021application allowed

Arati Ravi Dhule v. Ravi Wamanrao Dhule

2022-10-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 951 MCA-97.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 MISC.CIVIL APPLICATION NO.97 OF 2021 ARATI RAVI DHULE

VERSUS

RAVI WAMANRAO DHULE ...

Mr. A.G. Vasmatkar, Advocate for the applicant. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

13.10.2022.

ORDER:- 1.

Heard learned Counsel for the applicant - wife. The respondent husband, though served with notice, remained absent.

2.

The applicant - wife is seeking transfer of Marriage Petition A No. 1092/2020 pending in the Family Court No.4, Pune fled by respondent - husband for getting divorce, to the Court of Civil Judge (Senior Division), Hingoli. According to the applicant-wife, she is residing at Kalamnuri which is only 30 kms away from Hingoli. Moreover, she has also fled proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 against the respondent - husband and his family members. She has also fled application under Section 125 of Cr.P.C. for getting maintenance. Besides, one R.C.C. No. 74 of 2020 under Section 498-A, 323, 504, 506 of

(2) 951 MCA-97.2021.odt I.P.C. fled by the applicant is also going on. All these cases are pending in the Court of the learned Judicial Magistrate, First Class at Kalamnuri. There is no Court of Civil Judge (Senior Division) at Kalamnuri and the proper Court having jurisdiction to entertain Hindu Marriage Petitions is at Hingoli. It is signifcant to note that Hingoli is situated at a distance of about 550 kms away from Pune. As such, considering the convenience of application, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The Marriage Petition A. No.1092 of 2020 pending in the Family Court No.4, Pune is transferred to the Court of Civil Judge (Senior Division), Hingoli for disposal according to law.

(iii) The respondent is directed to appear before Civil Judge (S.D.), Hingoli on 21st November 2022.

(iv) The application is disposed of accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde