Sarika Siddeshwar Waghmare v. Siddeshwar Suryakant Waghmare
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 961 MISCELLANEOUS CIVIL APPLICATION NO. 91 OF 2018 SARIKA SIDDESHWAR WAGHMARE
VERSUS
SIDDESHWAR SURYAKANT WAGHMARE ...
Mr. Gorakhnath Kendre h/f. Mr. J.M. Murkute - Advocate for Applicant Mr. D.V. Tele - Advocate for Respondent ....
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 21st July, 2023 PER COURT :
1.
Heard rival submissions.
2.
Leave to amend prayer clause 'B' is granted by mentioning Family Court, Jalna instead of Civil Judge Senior Division (C.J.S.D.), Jalna.
3.
The applicant - wife is seeking transfer of Marriage Petition No. A - 98 of 2018 pending in the Court of Family Court, Aurangabad filed by respondent - husband for getting divorce, to the Family Court, Jalna.
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4.
According to the applicant - wife, she is not having any independent source of income and at present she is maintaining one minor child without any financial assistance from the respondent - husband. Moreover, she has also filed proceedings under Section 125 of Cr.P.C. for getting maintenance at Jalna and one criminal prosecution under Section 498 - A of I.P.C. is also going on at Jalna against the respondent - husband and his family members. It is significant to note that, the respondent - husband has already appeared in those proceedings at Jalna.
5.
The learned Counsel for the respondent - husband strongly opposed the application by filing affidavit-in-reply of the respondent. However, considering the fact that, respondent is already appeared in the proceedings filed by the applicant - wife at Jalna, following order is passed :
ORDER
(i) The application is hereby allowed.
(ii) Marriage Petition No. A - 98 of 2018 pending in Family Court, Aurangabad is 2/3
transferred to the Family Court, Jalna for disposal according to law.
(iii) The respondent is directed to appear before the Family Court, Jalna on or before 8th August, 2023.
(iv) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE 3/3