Priyanka Rohit Bedre Alias Priyanka Uttamrao Tak v. Rohit Ramesh Bedre

1 976 mca 175-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 976 MISC.CIVIL APPLICATION NO.175 OF 2022 PRIYANKA ROHIT BEDRE ALIAS PRIYANKA UTTAMRAO TAK

VERSUS

ROHIT RAMESH BEDRE ...

Advocate for Applicant : Mr. P. K. Nikam Advocate for Respondent : Mr. S. A.Ambilwade ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 05/01/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicant is seeking transfer of marriage Petition No.A-12 of 2022 fled by respondent husband for restitution of conjugal rights from learned Family Court, Jalna to the learned Family Court, Nanded.

3.

According to the applicant, she has no source of income and has to maintain a four year child begotten out of this wedlock. Moreover, the distance between Jalna and Nanded is about 225 Kms., and therefore, it would be highly impossible for her to attend the dates at Jalna. Moreover, it appears that her maintenance petition under Section 125 of Cr.P.C. is also pending before the learned Family Court, Nanded, wherein the respondent husband has already appeared.

4.

The learned counsel for the respondent strongly opposed the application on the ground that respondent is ready to bear the charges of conveyance, if the applicant wife needs to attend the dates at Jalna.

2 976 mca 175-22 5.

However, considering the fact that the respondent has already appeared at Family Court Nanded in the proceeding lodged by the applicant wife, the proceeding fled by the husband can be conveniently transferred to Family Court, Nanded as it is always advisable to decide the proceedings lodged by parties against each other by one and the same Court. In view of the same following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The Petition No. A-12 of 2022, pending in Family Court, Jalna, is transferred to the Family Court Nanded for its simultaneous disposal alongwith the Petition No.E- 280 of 2022 pending therein and fled by the applicant, according to law.

(iii) The respondent is directed to appear before Family Court, Nanded on or before 01/02/2023. (iv) The application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-