Swapnali Jaydev Rapte v. Jaydev Dyaneshwar Rapte

MCA 96-2017 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 96 of 2017 Swapnali Jaydev Rapte ...PETITIONER

VERSUS

Jaydev Dnyaneshwar Rapte ...RESPONDENT Mr Prakash S Paranjape and Menezes Joslyn A for petitioner Mr Sharad A. Jadhav and Mr Sandip P. Rathod for Respt. sole CORAM : NITIN W. SAMBRE, J.

DATE :15th September, 2017 ORAL ORDER :

The prayer for transfer is opposed by the learned Counsel for respondent on the ground that the proceedings, which was initiated at Family Court, Aurangabad, is already disposed of being Hindu Marriage Petition No. 255 of 2016, which was with the prayer under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, and other proceedings are pending in the Court at Thane.

MCA 96-2017 (2) 2.

From the facts, it depicts that respondent is also residing at Aurangabad for his service purpose and the applicant is claiming that if the proceedings are transferred at Aurangabad, it will be convenient for her to attend the same.

3.

In view of the place of service and residence of the respondent, in my opinion, the application needs to be allowed in terms of Prayer Clause "B". Hence the application is allowed in terms of prayer Clause "B".

( NITIN W. SAMBRE, J.) pjm