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Bombay High CourtMCA/93/2019application allowed

Seema Abhishek Chatpalliwar v. Abhishek Shyamrao Chatpalliwar

2021-07-28Hon'Ble Shri Justice Avinash G. Gharote2 pages

59-MCA-93-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 Misc. Civil Application No.93 of 2019 Seema w/o Abhishek Chatpalliwar

VERSUS

Abhishek S/o Shyamrao Chatpalliwar ...

Mr. Patil Pravin G., Advocate for the Applicant Mr. Babanrao K. Palve, Advocate for the Respondent ...

CORAM : AVINASH G. GHAROTE, J.

DATE : 28th July, 2021 PER COURT :

.

Heard Mr. Palve, learned counsel for the non-applicant, whose sole argument, is that there is no ground for transfer of the proceedings initiated by the husband, being Petition No.262 of 2019 before the Family Court, Nagpur to the Family Court, Aurangabad.

2.

Mr. Patil learned counsel for applicant submits, that the law in this regard is well settled, that the convenience of the wife is to be looked into. The distance between Aurangabad and Nagpur is nearly 500 km. and it is difficult for the wife to travel and stay overnight at Nagpur to attend the proceedings, in view of which, the HMP No.262 of 2019 pending on the file of Family Court, Nagpur, is hereby transferred to the Family Court, Aurangabad.

59-MCA-93-2019.odt 3.

The parties undertake to appear before the Family Court, Aurangabad on 13/08/2021, before which date, the record and proceedings be transmitted, by the Family Court, Nagpur to the Family Court, Aurangabad.

4.

The application is, accordingly, allowed in the above terms.

(AVINASH G. GHAROTE, J.) Sameer