Priyanka W/O Harshal More v. Harshal S/O Baburao More

2024:BHC-AUG:15286

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 924 MISC.CIVIL APPLICATION NO. 134 OF 2024 Priyanka W/o Harshal More

VERSUS

Harshal S/o Baburao More ...

Advocate for Applicant : Mr. Bhaskar M.P.

...

CORAM : R. M. JOSHI, J.

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

Heard.

2.

This application is filed by wife for seeking transfer of matrimonial proceeding bearing No.762/2023 filed under Section 9 of the Hindu Marriage Act before Family Court, Nashik to Family Court, Aurangabad. It is contention of the applicant that there are two proceedings under Domestic Violence Act bearing No.382/2023 and Criminal proceeding bearing Regular Criminal Case No.2814/2023 pending before J.M.F.C.Aurangabad and Divorce proceedings filed by wife against husband bearing No.A-233/2023 pending before Family Court, Aurangabad.

3.

Respondent is duly served but he is absent, this indicates that he has no inclination to oppose the application. 4.

Considering the fact that there are three proceedings which are required to be attended by the respondent/ husband pending at Aurangabad, no prejudice will be caused to him if proceeding bearing Page 1 of

924 MCA 134-2024 Petition No.A 762/2023 is transferred to Aurangabad. In any case, since the respondent has filed petition under Section 9 of the Hindu Marriage Act whereas the applicant has filed petition for divorce, it is in the interest of the parties that both these petitions are decided by one Court.

5.

Having regard to the abovestated facts, application stands allowed. Marriage Petition No.A-762/2023 pending on the file of the Family Court, Nashik is transferred to Family Court, Aurangabad. 6.

In order to ensure that the respondent is not harassed by calling upon him to attend these proceedings on different dates, concerned Courts are directed to fix hearing of these proceedings on one single date. It would be is responsibility of applicant and her Counsel to inform this order to concerned Courts.

( R. M. JOSHI, J. ) vj gawade/-.

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