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Bombay High CourtMCA/101/2016disposed offdismissed for default

Sangita Gajanan Chavan v. Gajanan Shriram Chavan

2018-08-13Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

{1} mca101-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO.101 OF 2016 Sangita Gajanan Chavan APPLICANT Age - 26 years, Occ - Household R/o CHandak Layout, Buldhana, Taluka and District - Buldhana, At present R/o C/o Prakash Kisanrao Gire Surana Colony, Karwadi Hingoli Taluka and District - Hingoli

VERSUS

Gajanan Shriram Chavan RESPONDENT Age - 33 years, Occ - Private Service R/o Chandak Layout, Buldhana, Taluka and District - Buldhana .......

Mr. Anil M. Gaikwad, Advocate for the applicant .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 13 th AUGUST, 2018 ORDER :

1.

This is a miscellaneous civil application, filed by wife for transfer of proceedings filed by respondent - husband bearing Hindu Marriage Petition No. 1 of 2016 in the court of civil judge, senior division, Buldhana to the court of civil judge, senior division, Hingoli.

2.

Learned advocate for the applicant submits that the respondent despite service of this miscellaneous civil application has not caused appearance on his behalf. He further points out

{2} mca101-16 that proceedings under the Domestic Violence Act, instituted by applicant at Hingoli are being attended to by the respondent. 3.

Learned advocate submits that in order to harass and vex the applicant, aforesaid proceedings at Buldhana are initiated by the respondent - husband. He submits that it is very difÏcult for the applicant to attend to the proceedings at Buldhana since she is financially hard pressed and has no source of income. The respondent is not paying any maintenance to the applicant. 4.

Having regard to aforesaid submissions, which go uncontroverted and further to that there appears to be no objection to transfer of proceedings as prayed for, as the respondent has not caused appearance despite service, tacitly supporting the relief claimed.

5.

In view of aforesaid, miscellaneous civil application is allowed in terms of prayer clause "B" and is disposed of. [SUNIL P. DESHMUKH, J.] Dinesh Ramrao Pawar drp/mca101-16 by Dinesh Ramrao Pawar Date: 2018.08.14 10:01:14 +0530