Smita@ Maya W. O. Sandip Patil v. Sandip S.O. Arun Patil

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 990 MISCELLANEOUS CIVIL APPLICATION NO. 104 OF 2023 SMITA@ MAYA W. O. SANDIP PATIL

VERSUS

SANDIP S.O. ARUN PATIL ...

Mr. P.H. Patil - Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 16th June, 2023 PER COURT :

1.

Heard learned Counsel for the applicant - wife. The respondent husband, though served with notice but remained absent.

2.

The applicant - wife is seeking transfer of Hindu Marriage Petition No. 453 of 2020 pending in the Court of Civil Judge Senior Division, Kalyan, Dist. Thane, filed by respondent - husband for getting divorce, to the Court of Civil Judge Senior Division, Amalner, Dist. Jalgaon. 3.

According to the applicant - wife, she is not having independent source of income and she is also maintaining her 1/3

minor daughter without any financial support from respondent - husband. The distance between Kalyan and Amalner is of 300 Kilometers and, therefore, it appears difficult for her to attend the dates at Kalyan. Moreover, she has also filed proceedings for restitution of conjugal rights and other one under the provisions of Protection of Women from Domestic Violence Act wherein the respondent - husband has appeared. There is no oppose to the application and therefore, considering the convenience of the applicant - wife following order is passed :-

ORDER

(i) The application is hereby allowed.

(ii) Hindu Marriage Petition No. 453 of 2020 pending in the Court of Civil Judge Senior Division, Kalyan, Dist. Thane, is transferred to the Court of Civil Judge Senior Division, Amalner, Dist. Jalgaon for disposal according to law.

(iii) The respondent is directed to appear before the Court of Civil Judge Senior Division, 2/3

Amalner, Dist. Jalgaon, on or before 1st July, 2023.

(iv) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE 3/3