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Bombay High CourtMCA/88/2016admittedallowedgrantedrule absolute

Bhagyashri Basawaraj Aabande v. Basawaraj Panditrao Aabande

2016-06-20Hon'Ble Shri Justice T.V. Nalawade2 pages

1 M.C.A. 88.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 MISC.CIVIL APPLICATION NO. 88 OF 2016 BHAGYASHRI BASAWARAJ AABANDE

VERSUS

BASAWARAJ PANDITRAO AABANDE .....

Mr. D.R.Dhumal, Advocate for Applicant.

.....

CORAM : T.V.NALAWADE, J.

DATE : 20th JUNE, 2016 ORAL ORDER :- .

The application is filed by the wife - applicant for transfer of H.M.P. No. 16/2014, presently pending in the Court of the Civil Judge [Sr.Division], Ahmadpur, Dist. Latur to the Court of the Civil Judge [Sr.Division], Ambajogai, Dist. Beed. The husband was duly served, but he has not turned up. Heard learned counsel for the applicant/wife.

2.

It is the case of the wife that she is house wife, resident of Ambajogai and required to take care of her daughter aged 3 years. It is her case that she may face difficulty in going to Ahmedpur to attend the proceeding by taking one attendant as she is required to

2 M.C.A. 88.2016.odt take care of her issue aged 3 years. According to her, the distance between Ambajogai and Ahmedpur is 70 Kms. It is her case that she has filed proceeding for maintenance in the Court at Ambajogai and in any case the husband will be required to attend the said proceeding and so no inconvenience will be caused to him if both the matters are kept at one station.

3.

In view of the contentions and the submissions made, this Court holds that both the matters need to be brought to one station.

4.

In the result, the application is allowed. H.M.P. No. 16/2014, presently pending in the Court of the Civil Judge [Sr.Division], Ahmadpur, Dist. Latur is withdrawn from that Court and is transferred to the Court of the Civil Judge [Sr.Division], Ambajogai, Dist. Beed. The new Court is to take care and see that the date of the present matter matches with the date of the proceeding filed by the wife in the Court at Ambajogai. The new Court is to issue notice on court motion to the husband as he has not turned up to this Court and only after service of the notice, the hearing of the proceeding is to be started. Both the parties to appear before the new Court on 22/07/2016.

[T.V.NALAWADE, J.] KNP/M.C.A. 88.2016.odt