Sangita Sanjay Panchal (Sutar) v. Sanjay Vasantrao Panchal @ Sutar

1 M.C.A. 72.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 MISC.CIVIL APPLICATION NO. 72 OF 2016 SANGITA SANJAY PANCHAL (SUTAR)

VERSUS

SANJAY VASANTRAO PANCHAL @ SUTAR .....

Mr. S.S.Choudhary, Advocate for Applicant.

Mr. L.M.Kulkarni, Advocate for Respondent.

.....

CORAM : T.V.NALAWADE, J.

DATE : 1st AUGUST, 2016 ORAL ORDER :- .

The application is filed by the wife - applicant for transfer of H.M.P. No. 14/2016 which was filed by the husband and which is pending in the Court of the Civil Judge [Sr. Division], Latur to the Court of the Civil Judge [Sr. Division], Parbhani. Heard Both sides. 2.

The applicant is wife and it is her case that she has no source of income and on every occasion she is required to go to Latur due to which she faces difficulty. It is her case that the distance between her place of

2 M.C.A. 72.2016.odt residence and Latur is around 100 Kms. It is her case that she is required to take one attendant with her. It is her case that she has filed some proceedings against the husband including the proceeding under the provisions of the Domestic Violence Act and in any case the husband is required to attend the said proceedings and no inconvenience will be caused to him if all the matters are brought to one station.

3.

Learned counsel for the husband strongly opposed the application contending that in the past H.M.P. No. 213/2014 was withdrawn by the husband when the wife had shown readyness to cohabit with him. He submits that in that proceeding the wife had agreed to withdraw the proceedings filed by her but the said proceedings are still pending.

4.

Nothing can be said that how much time will be required to decide the matters. In any case the husband is required to come to Parbhani. Care of convenience of both sides can be taken by giving direction that same date be given in all the matters. In view of the above, the application needs to be allowed. 5.

In the result, the application is allowed. H.M.P. No. 14/2016 which is pending in the Court of the Civil Judge [Sr. Division], Latur is withdrawn from that Court and is transferred to the Court of the Civil Judge [Sr. Division], Parbhani. The new Court to take care that the date of the present matter matches with the date

3 M.C.A. 72.2016.odt in other matters so that no inconvenience will be caused to the parties. Both the parties to appear in the new Court on 16/09/2016.

[T.V.NALAWADE, J.] KNP/M.C.A. 72.2016.odt