Bombay High CourtMCA/111/2016disposed offdismissed for default

Sau. Vandana W/O Rajendra Wayase v. Rajendra S/O Sharad Wayase

2016-12-05Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

mca111-16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO.111 OF 2016 Sau. Vandana W/o Rajendra Wayase Age 32 years, Occ.Household C/of Balasaheb Gahinaji Pawar, G-5, Kakade Teres, Varaje Mawadi Pune 411058 ..APPLICANT [ORIG.RESPONDENT]

VERSUS

Rajendra S/o Sharad Wayase Age 32 years, Occu-Agril, R/o Navnathnagar Adhorewadi, Tal.Shrigonda, Dist.Ahmednagar .. RESPONDENT [ORIG.APPLICANT] ...

Shri V.P.Narwade, Advocate for Applicant.

Shri S.R.Zambare h/f N.V.Gaware, Adv for Respondent ...

CORAM : SUNIL P. DESHMUKH,J.

DATED : 5TH DECEMBER, 2016 ORAL JUDGMENT :

Heard. Rule. Rule made returnable forthwith. With the consent of the parties, Application is heard finally. 2] The counsel for the applicant draws attention to that the respondent for earning livelihood is occupied in Pune. Said fact

mca111-16 -2though has been accepted yet it is contended on behalf of the respondent that only by way of occupation respondent is in Pune. He has no intention to permanently reside in Pune. It is further contended on behalf of the respondent that in retaliation to the proceeding for dissolution of marriage lodged at Shrigonda, the proceedings under the Domestic Violence Act have been initiated at Pune by the applicant.

3] It appears that the respondent is attending to the proceeding under Domestic Violence Act at Pune and is also occupied at Pune. In these circumstances, although it is sought to be contended on behalf of the respondent that the transfer application has been filed with a view to harass the respondent, since the respondent is in Pune and is attending to the proceeding lodged by applicant in Pune and having regard to the difficulties as have been expressed in the application, I deem it expedient to transfer Hindu Marriage Petition No.4/2015 from Civil Judge, Senior Division, Shrigonda to Family Court at Pune. As such, Hindu Marriage Petition No.4/2015 pending before Civil Judge, Senior Division, Shrigonda, Dist.Ahmednagar be transferred to Family Court at Pune. To aforesaid extent, the Misc.Civil Application stands granted and it is disposed of accordingly. It is directed to Family Court, Pune to go on with the transfer proceeding as early as possible.

4] Rule is made absolute accordingly.

(SUNIL P. DESHMUKH,J.) umg/