Swapanli Nitin Panchal v. Nitin Subhash Panchal
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 961 MISCELLANEOUS CIVIL APPLICATION NO. 81 OF 2023 Swapnali Nitin Panchal, Age : 27 years, Occ. : Nil, R/o. : C/o. Dnyaneshwar Ramchandra Raut, Jijau Park, Shikshak Colony, Dhargaon Road, Kopargaon, Tq. Kopargaon, Dist. Ahmednagar ... APPLICANT
VERSUS
Nitin Subhash Panchal, Age : 31 years, Occ. : Pvt. Service, R/o. : House No. M.I.J. 95, Sharadha Colony, near Dhoot Hospital, Jalna Road, Aurangabad ... RESPONDENT ...
Mr. S.P. Mahale h/f. Mr. K.N. Shermale - Advocate for Applicant ....
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 22nd June, 2023 PER COURT :
1.
Heard learned Counsel for the applicant - wife. The respondent - husband though served with notice but remained absent.
2.
The applicant - wife is seeking transfer of Hindu Marriage Petition No. 661 of 2022 pending in Family Court, 1/3
Aurangabad filed by respondent - husband for dissolution of marriage to the Court of Civil Judge Senior Division, Kopargaon, Dist. Ahmednagar.
3.
According to the applicant - wife, she is not having any independent source of income. Moreover, she has also filed three proceedings against the respondent - husband and his family members namely, proceeding under Protection of Women from Domestic Violence Act, application under Section 125 of Criminal Procedure Code and for restitution of conjugal rights. The respondent - husband has already appeared in these proceedings. There is no oppose to the present application. As such, considering the convenience of applicant - wife, following order is passed :-
ORDER
(i) The application is hereby allowed.
(ii) Hindu Marriage Petition No. 661 of 2022 pending in Family Court at Aurangabad is transferred to the Court of Civil Judge Senior Division, Kopargaon, Dist.
2/3
Ahmednagar for disposal according to law.
(iii) The respondent is directed to appear before Court of Civil Judge Senior Division, Kopargaon, Dist. Ahmednagar, on or before 15th July, 2023.
(iv) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE 3/3