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Bombay High CourtMCA/117/2016admittedallowedgrantedrule absolute

Sau. Sneha Gaurav Vajage v. Gaurav Shashikant Vajage

2016-09-15Hon'Ble Shri Justice Sunil P. Deshmukh3 pages

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO.117 OF 2016 Sneha Gaurav Vajage APPLICANT Age - 26 years, Occ - Household R/o At present C/o Mr. Rajendra Suryaji Pawar bajajnagar, Behind Swami Samarth Mandir Aurangabad

VERSUS

Gaurav Shashikant Vajage RESPONDENT Age - 28 years, Occ - Business, R/o Shital Traders, Pune Nashik Road, Narayangaon, Taluka - Junnar, District - Pune .......

Mr. Amol P. Ghule Patil, Advocate for the applicant .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 15 th SEPTEMBER, 2016 ORAL JUDGMENT :

1.

None for the respondent despite service of notice. 2.

Rule. Rule made returnable forthwith and heard finally with consent of learned advocate for the applicant. 3.

Learned advocate for the applicant points out that proceedings initiated at the instance of applicant-wife against

{2} respondent-husband are pending at Aurangabad, wherein the respondent has put in his appearance and from his response to the same, it could be realised that he had initiated certain proceedings in the court of Civil Judge, Senior Division at KhedRajgurunagar in Pune district. No notice, as yet, has been served in respect of those proceedings on the present applicant. However, having regard to that reference of the same has been made in the response to the proceedings which are pending at Aurangabad at the instance of the applicant, this application is being moved seeking transfer of proceedings initiated by respondent at Khed-Rajgurunagar.

4.

It is contended that distance between Aurangabad and Khed - Rajgurunagar is about 260 km. The applicant has no source of income worth the name and already the respondent - husband has been attending to proceedings at Aurangabad. As such, it is requested that the proceedings which have been filed by the respondent at Khed-Rajgurunagar be transferred to Aurangabad.

5.

There does not appear to be any resistance to the contents of the application and contentions raised on behalf of the applicant and non appearance of the respondent, to a large

{3} extent depicts tacit consent to the reliefs claimed under the miscellaneous civil application.

6.

In view of aforesaid, the Miscellaneous Civil Application stands allowed. Proceedings bearing Hindu Marriage Petition No.4 of 2016 pending in the court of Civil Judge, Senior Division, Khed-Rajgurunagar, District - Pune be transferred to a court at Aurangabad. Rule is made absolute in aforesaid terms. Miscellaneous Civil Application stands disposed of. [SUNIL P. DESHMUKH, J.] drp/mca117-16