Rupali Mithun Sable v. Mithun Malharrao Sable

978-MCA-102-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 978 MISCELLANEOUS CIVIL APPLICATION NO. 102 OF 2023 RUPALI MITHUN SABLE

VERSUS

MITHUN MALHARRAO SABLE ...

Mr. A.B. Jagtap - Advocate for Applicant Mr. V.B. Jagtap - Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 6th July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant - wife is seeking transfer of Petition A. No. 202 of 2023 filed by respondent - husband for getting divorce, from Family Court, Pune to the Court of C.J.S.D., Ahemadnagar.

3.

According to the applicant - wife, she is not having any independent source of income and at present she is maintaining nine years old son without any financial support from the respondent. Further, she has also filed proceeding under P.W.D.V. Act against the respondent - husband at Rahuri, Dist. Ahemadnagar wherein he has appeared. Pooja K.

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978-MCA-102-2023 4.

The learned Counsel for the respondent - husband strongly opposed the application on the ground that, the respondent is ready to bear the travelling charges in case the applicant attends dates at Pune. However, it is significant to note that the respondent - husband is already attending the dates at Rahuri, Dist. Ahemadnagar and therefore, he can very well attend the dates at Ahemadnagar. As such, considering the convenience of applicant, following order is passed :-

ORDER

(i) The application is hereby allowed.

(ii) Petition A. No. 202 of 2023 pending in Family Court, Pune is transferred to the Court of Civil Judge Senior Division, Ahemadnagar for its disposal, according to law.

(iii) The respondent is directed to appear before the Court of Civil Judge Senior Division, Ahemadnagar, on or before 25th July, 2023.

(iv) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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