Neha Siddharth Gawde v. Siddharth Jairam Gawde

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 969 MISCELLANEOUS CIVIL APPLICATION NO. 198 OF 2021 NEHA SIDDHARTH GAWDE

VERSUS

SIDDHARTH JAIRAM GAWDE ...

Mr. B.N. Gadegaonkar - Advocate for Applicant Mr. A.T. Jadhavar - Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th August, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant - wife is seeking transfer of Hindu Marriage Petition A. No. 751 of 2021 filed by respondent - husband for getting divorce, to the Court of C.J.S.D., Nanded from the Family Court No. 2, Pune.

3.

According to the applicant - wife, she is not having any independent source of income. Further, the distance between Pune and Nanded is about 450 Kilometers. Moreover, she has also filed proceeding under Section 9 and 25 of Hindu Marriage Act in the Court of C.J.S.D., Nanded, wherein the 1/3

respondent - husband has already appeared.

4.

The learned Counsel for the respondent - husband strongly opposed the application on the ground that, the applicant still resides at Pune and doing job there. However, nothing is there in support of such contention. The learned Counsel for the respondent - husband submits that, respondent is ready to bear the conveyance charges of the applicant, if she has to attend the dates at Pune. However, the Roznama of the proceeding at Nanded indicates that the respondent - husband is already attending the dates at Nanded. Therefore, considering convenience of the applicant - wife following order is passed :

ORDER

(i) The application is hereby allowed.

(ii) Hindu Marriage Petition A. No. 751 of 2021 pending in the Family Court No. 2, Pune is transferred to the Court of C.J.S.D., Nanded for its simultaneous disposal alongwith the petition filed by the applicant -wife pending therein, according to law.

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(iii) The respondent is directed to appear before Court of C.J.S.D., Nanded on or before 11th September, 2023 and he is at liberty to seek convenient dates for both the proceedings.

(iv) The parties are directed not to seek unnecessary adjournments.

(v) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE 3/3