Manisha Yogesh Galfade v. Yogesh Laxmikant Galfade

1 MCA 53 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Misc. Civil Application No. 53 of 2015 Manisha w/o Yogesh Galfade.

.. Applicant.

Versus

Yogesh s/o Laxmikant Galfade.

.. Respondent.

-------- Smt. K.P. Mutatkar (Kale), Advocate, for applicant. Respondent - served - absent.

-------- CORAM: T.V. NALAWADE, J.

DATE : 14th OCTOBER 2015 ORDER:

1) The application is filed for transfer of Hindu Marriage Petition No.200120/2014, which is presently pending in the Court of the Civil Judge Senior Division Shrirampur, District Ahmednagar to Family Court, Aurangabad. The said proceeding is filed under section 9 of the Hindu Marriage Act by the husband of the applicant. Notice of the present proceeding was duly served on the respondent but nobody has turned up.

2 MCA 53 of 2015 2) Learned counsel for applicant-wife submitted that the applicant has no source of income and the husband is in service. It was submitted that the applicant needs to take care of her daughter, aged 2 and half years. She submitted that she is also required to take care of her old parents and they are not in a position to spend on conveyance. She submitted that one more proceeding filed by the wife is pending in the Court from Aurangabad and so in any case the husband is required to come to Aurangabad in that proceeding.

3) In view of the aforesaid circumstances this Court holds that for convenience of both the sides the proceeding which is pending in Shrirampur Court needs to be transferred to the Court from Aurangabad. 4) In the result, the application allowed. Hindu Marriage Petition No.200120/2014 presently pending in the Court of the Civil Judge Senior Division Shrirampur is hereby withdrawn from that Court and it is transferred to the Family Court Aurangabad. The new Court is to take care and see that the date of the present proceeding is

3 MCA 53 of 2015 fixed as per the date given in the other proceeding so that no inconvenience is caused to both the sides. The new Court is to see that at the cost of the Court, notice is issued to the husband as he has not turned up in the present proceeding.

Sd/- (T.V. NALAWADE, J. ) rsl