Gayatri Anuj Khamkar v. Anuj Babasaheb Khamkar

948-MCA NO.132 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.132 OF 2022 GAYATRI ANUJ KHAMKAR

VERSUS

ANUJ BABASAHEB KHAMKAR . . .

Advocate for Applicant : Mr. Anup Mane h/f. Mr. Amol S. Sawant . . .

CORAM : MANGESH S. PATIL, J.

DATED : 19 JULY 2022 PER COURT :

Heard.

2.

The respondent has been served with a notice for final disposal, but has not appeared.

3.

The averments in the application have gone without demur. 4.

The applicant is the wife of respondent and seeking transfer of a divorce proceeding filed by him in the court at Ahmednagar to a court at Dhule.

5.

The applicant has instituted several proceedings against the respondent, one for restitution of conjugal rights, another for Protection of Women from Domestic Violence Act, 2005 and under section 125 of the Code of Criminal Procedure all of which are pending in the Court at Dhule. 1/2

948-MCA NO.132 OF 2022.odt 6.

The applicant has been staying in Dhule which is a place of her parental home, since after couple got separated. 7.

The respondent has initiated a proceeding for divorce at Ahmednagar. Even otherwise he will have to travel to Dhule to defend various proceedings initiated by applicant - wife, which are pending at Dhule. 8.

Instead of making both of them commute between the two places, it would be convenient if the matters remain at one place and a possible hardship to the respondent is avoided by issuing appropriate direction to the courts to list all these matters on the same day. 9.

The application is allowed.

10.

The proceeding bearing Hindu Marriage Petition No. 519 of 2021, pending on the file of the Civil Judge Senior Division, Ahmednagar is transferred to the Family Court, Dhule for decision in accordance with law. 11.

All the courts taking up different matters between the parties at Dhule shall, as far as possible, list all these matters on the same date. 12.

Parties shall appear before the Family Court, Dhule on 30.07.2022 and there shall be no need for that court to issue any notice to them. ( MANGESH S. PATIL, J.) Tandale/- 2/2