Mrs. Chitralekha Balasaheb Patekar v. Balasaheb Mahadev Patekar

1 972 MCA 91-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 972 MISC.CIVIL APPLICATION NO.91 OF 2017 MRS. CHITRALEKHA BALASAHEB PATEKAR

VERSUS

BALASAHEB MAHADEV PATEKAR ...

Advocate for Applicant : Mr. Shankar Kendre h/f Mr. S. S. Panale ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 15/06/2023.

P. C. :

1.

Leave to correct prayer clause-B by inserting the name of Family Court of Aurangabad instead of CJSD, Aurangabad. 2.

Heard learned Counsel for the applicant - wife. The respondent husband, though appeared through learned advocate Mr. Amol Gaikwad, but the said advocate could not file his Vakalatnama. Moreover, the learned counsel for the respondent had also made a statement that he was not in contact with his client. However, no steps were taken by him to intimate the respondent. I have already observed in the order dated 20/01/2023 that this matter will be heard today in absence of respondent or his advocate. Today neither the respondent nor his advocate is present.

3.

The applicant - wife is seeking transfer of HMP No.131 of 2016 pending in the court of CJSD, Beed filed by respondent - husband for getting divorce, to the Family Court, Aurangabad. 4.

According to the applicant-wife, she is not having any source of income. Moreover, she has also filed proceedings under the

2 972 MCA 91-17 provisions of Protection of Women from Domestic Violence Act, 2005 against the respondent - husband at Aurangabad, wherein the respondent has already appeared. There is no oppose to the application. It is significant to note that respondent / husband is already attending the dates at Aurangabad and therefore, considering the convenience of applicant, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The HMP No.131 of 2016 pending in the court ot CJSD, Beed is transferred to the Family Court, Aurangabad for disposal according to law.

(iii) The respondent is directed to appear before Family Court, Aurangabad, on or before 15/07/2023.

(iv) The application is disposed of accordingly.

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