Dipali Harshal Sonwane v. Harshal Panditrao Sonwane

1 954 mca 106-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 MISC.CIVIL APPLICATION NO.106 OF 2021 DIPALI HARSHAL SONWANE

VERSUS

HARSHAL PANDITRAO SONWANE ...

Advocate for Applicant : Mr. Prafullasing H. Patil h/f Mr. Prakashsing B. Patil ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 24/11/2022.

P. C. :

1.

Leave to correct prayer clause-B by mentioning Family court Dhule instead of learned CJSD, Dhule.

2.

Heard learned counsel for the applicant. The applicant is seeking transfer of HMP No. 1992 of 2019 fled by respondent for getting divorce from her to Family Court, Dhule. 3.

It appears that the applicant wife is not having any independent source of income and the distance between Dhule and Pune is of more than 400 Kms. As such, it would be diffcult for her to attend the court of CJSD, Pune. Moreover, the applicant has also fled proceeding under Protection of Women from Domestic Violence Act, 2005 in the concerned court of JMFC, Dhule. She has also fled proceeding for restitution of conjugal rights in Family Court, Dhule.

4.

The respondent husband despite service, remained absent. 5.

It is signifcant to note that the respondent husband anyhow will have to attend the proceedings at Dhule and therefore, his

2 954 mca 106-21 petition fled at Pune can be conveniently transferred to Family Court Dhule for proper adjudication. Hence, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The HMP No.1992 of 2019 pending in the Court of CJSD, Pune is transferred to Family Court, Dhule for its simultaneous disposal alongwith the Petition A No.37 of 2021 fled by the applicant therein, according to law.

(iii) The respondent is directed to appear before Family Court, Dhule on or before 19/12/2022.

(iv) The application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-