Snehal Tanaji Mane v. Tanaji Nandkumar Mane

(1) 970 MCA-139.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 MISC.CIVIL APPLICATION NO.139 OF 2022 SNEHAL TANAJI MANE

VERSUS

TANAJI NANDKUMAR MANE ...

Mr. Manoj Shelke, Advocate for the applicant. Mr. Manoj Shinde, Advocate for the respondent. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

17th March 2023.

ORDER:- 1.

Heard rival submissions. The applicant - wife is seeking transfer of HMP No. 23/2018 filed by the respondenthusband for getting divorce, from the Family Court, Pune to the Court of Civil Judge (Senior Division), Osmanabad. 3.

According to the applicant-wife, she is not having any independent source of income. Moreover, she has also filed two proceedings; one under Section 498-A of I.P.C. and other is proceeding under the provisions of Protection of Domestic Violence Act in the Court of concerned J.M.F.C. at Tuljapur. The respondent husband has appeared in both the proceedings.

4.

Learned counsel for the respondent- husband strongly opposed the application by filing reply on the ground

(2) 970 MCA-139.2022.odt that the respondent is ready to bear the charges of applicant for attending the dates at Pune.

5.

However, it is significant to note that the respondent is already attending the dates at Osmanabad. Moreover, the distance between Pune and Osmanabad is only of 294 Kms. As such, considering the convenience of applicant, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) HMP No. 23/2018 pending in the Family Court Pune is transferred to the Court of Civil Judge (Senior Division), Osmanabad for its disposal according to law.

(iii) The respondent is directed to appear before the learned Civil Judge (Senior Division), Osmanabad on or before 15/04/2023. The respondent is at liberty to appear in the proceedings at Osmanabad through his Advocate except on the dates on which his physical presence is required. He may avail the facility of Video Conferencing, if available.

(iv) The application is disposed of accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde