Shital Ganesh Tamgole v. Ganesh Maruti Tamgole

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 160 OF 2022 Sow. Shital w/o Ganesh Tamgole Applicant

Versus

Ganesh s/o Maruti Tamgole Respondent Mr. S. C. Swami Chakurkar, advocate for the Applicant Mr. Ujwal S. Patil, advocate for the Respondent. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st December, 2022.

PC :

Heard rival submissions.

The applicant-wife is seeking transfer of Petition No.2071 of 2021, fled by the respondent-husband for getting divorce, from the Family Court, Pune to Family Court, Latur. The respondent strongly resisted the application by fling reply, wherein it is contended that the applicant is doctor by profession and her father runs a college. It is

{2} further contended that the applicant must be earning handsomely out of her medical practise. The learned Counsel for the respondent also submits that the respondent is ready to pay the expenses if the applicant attends dates at Pune. The learned Counsel for the applicant-wife submits that she has fled two proceedings, one under the provisions of Protection of Women from Domestic Violence Act, 2005 and the other under Section 498-A of IPC at Latur against the respondent-husband. The respondent is yet to be served in the DV proceedings. According to him, the applicant is not having any source of income and, therefore, it would be diffcult for her to travel the distance around 400 Kms for attending the dates at Pune.

Admittedly, the aforesaid two proceedings at Latur are going on between the parties and the respondent husband will have to appear there. Moreover, nothing is placed on record to show that the applicant is earning something.

{3} Therefore, considering convenience of the applicant-wife, following order is passed: (i) Misc. Civil Application is hereby allowed.

(ii) Petition No. 2071 of 2021 is hereby transferred from the Family Court, Pune to Family Court Latur, for disposal according to law.

(ii) The respondent is directed to appear before the Family Court Latur, on or before 02nd January, 2023. (iv) The Family Court, Latur, is directed to dispose of the petition fled by the respondent as expeditiously as possible, after its transfer.

(v) The applicant shall not seek frequent adjournments and to cooperate with the respondent for speedy disposal of the petition.

(SANDIPKUMAR C. MORE) JUDGE adb