Seema Atul Dhavare v. Atul Bhikaji Dhavare

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 950 MISC.CIVIL APPLICATION NO. 108 of 2024 Seema Atul Dhavare ....Applicant

VERSUS

Atul Bhikaji Dhavare .....Respondent .....

Mr. S. M. Kamble, Advocate for Applicant.

CORAM : R. M. JOSHI, J.

DATE :26th JULY, 2024.

PER COURT :

1.

None appears for Respondent inspite of service of notice. This indicates that Respondent/husband is not inclined to oppose the application.

2.

Applicant is a wife. She claims that she has no source of income and that she is dependent on her mother and brother, who is suffering from cancer. She claims at travelling at a distance of 135 kms will cause prejudice in defending herself in the proceeding bearing HMP No. 231/2023 filed before Civil Judge Junior Division, Madha, Dist. Solapur, filed by Respondent/husband.

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The contention of the Applicant remained unchallenged. It is settled law that convenience of wife needs to be considered for the purpose of transfer of proceedings. Therefore, stated facts are sufficient to allow the Application. Hence, Application stands allowed in terms of prayer clause 'B'.

3.

Since this order is passed in absence of the Respondent, Civil Judge Senior Division, Ambajogai to issue notice to Respondent/husband in respect of the said proceeding. ( R. M. JOSHI) Judge dyb