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Bombay High CourtMCA/146/2023disposed off

Jyoti W/O Nitin Ranveer v. Nitin S/O Ambadas Ranveer

2023-07-21Hon'Ble Shri Justice Sandipkumar C. More3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 955 MISCELLANEOUS CIVIL APPLICATION NO. 146 OF 2023 JYOTI W/O NITIN RANVEER

VERSUS

NITIN S/O AMBADAS RANVEER ...

Mr. M.M. Parghane - Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st July, 2023 PER COURT :

1.

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

2.

The applicant - wife is seeking transfer of Hindu Marriage Petition No. 92 of 2022 pending in the Court of Civil Judge Senior Division, Basmat Nagar filed by respondent - husband for getting divorce, to the Family Court, Nashik. 3.

According to the applicant - wife, she is not having any independent source of income and at present she is maintaining two minor children without any financial 1/3

assistance from the respondent - husband. The distance between Nashik and Basmat Nagar is of 450 Kilometers and therefore, it is highly difficult for her to attend the dates at Basmat. Moreover, she has also filed proceeding under the provisions of Protection of Women from Domestic Violence Act, 2005 against the respondent - husband and his family members.

4.

It is significant to note that, Basmat is situated at a distance of about 450 Kilometers away from Nashik. Moreover, there is no opposed to the application and the respondent - husband will have to attend the dates at Nashik in the proceeding filed by the applicant - wife. As such, considering the convenience of applicant, following order is passed :

ORDER

(i) The application is hereby allowed.

(ii) Hindu Marriage Petition No. 92 of 2022 pending in the Court of Civil Judge Senior Division, Basmat Nagar, Dist. Hingoli is transferred to the Family Court, Nashik for 2/3

disposal according to law.

(iii) The respondent is directed to appear before the Family Court, Nashik on or before 8th August, 2023.

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