Shabana Atik Munde v. Atik Dastagir Munde

2024:BHC-AUG:14922

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 926 MISC.CIVIL APPLICATION NO. 139 OF 2024 Shabana Atik Munde

VERSUS

Atik Dastagir Munde ...

Advocate for Applicant : Ms. Pedgaonkar Anagha N. None for Respondent.

...

CORAM : R. M. JOSHI, J.

Dated : July 18, 2024 PER COURT :- 1.

None for respondent in spite of service of notice. This indicates that respondent has no inclination to oppose the application. 2.

Applicant / wife claims to be without any source of income with responsibility of two minor children and resident of Pune. It is her contention that the respondent has filed suit bearing Regular Civil Suit No.108/2023 for dissolution of marriage.

3.

Learned Counsel for applicant submits that applicant / wife has responsibility of children and is dependent on the brother, it is practically not possible for her to travel more than 200 kilometers distance to attend the proceedings at Kalamb.

4.

The contention of the applicant is not rebutted by the respondent. Thus, there is reason to believe that it would not be convenient for Page 1 of

926 MCA 139-2024 applicant to attend the Regular Civil Suit No.108/2023 before Civil Judge Senior Division, Kalamb Dist. Osmanabad and it may affect her right to defend the same. There is proceedings under the Domestic Violence Act bearing No.20/2024 which is pending before J.M.F.C. Pimpri Chinchwad. Thus, it is a fit case for transfer of R.C.S. No.108/2023 pending before Civil Jude Senior Division, Pimpri Chinchwad, Pune.

5.

The Courts at Pimpri Chinchwad Pune are directed to fix the hearing of both proceedings on the same day.

6.

It is duty of applicant to inform about this order to all concerned. ( R. M. JOSHI, J. ) vj gawade/-.

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