Rupali Nikhil Singledeep v. Nikhil Govind Singledeep
{1} MCA 190 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 976 MISCELLANEOUS CIVIL APPLICATION NO.190 OF 2021 RUPALI NIKHIL SINGLEDEEP
VERSUS
NIKHIL GOVIND SINGLEDEEP ...
Advocate for Applicant : Shri Shaikh Mazhar A. Jahagirdar Advocate for Respondent : Shri Shrikant S. Patil ...
CORAM : M.G.SEWLIKAR, J.
DATE : 26th July, 2022 PER COURT:- 1.
Heard.
2.
Respondent and applicant are husband and wife. Their marriage was solemnized in the year 2018. Respondent fled Petition No.A-86 of 2020 for divorce in the Family Court at Dhule. Applicant is resident of Shrirampur, District Ahmednagar. It is not possible for her to travel from Shrirampur to Dhule all alone. The distance between Shrirampur to Dhule is 200 kms. There is no direct connectivity by State Transport Bus to Dhule from Shrirampur. She has, therefore, sought transfer of Petition No.A-86 of 2020 from Dhule to Shrirampur.
3.
Respondent has not fled say.
4.
Learned counsel for the respondent opposed the application on the ground that he is ready to bear the charges of commuting from Shrirampur to Dhule. He submits that the allegations made in
{2} MCA 190 OF 2021 the application are baseless and just to harass the respondent this application is fled. He further submits that in case this Court comes to the conclusion that aforesaid divorce proceeding needs to be transferred to Shrirampur then complaint under the Protection of Women from Domestic Violence Act, 2005, fled by the applicant and pending in the Court of the Judicial Magistrate First Class, Shrirampur and the aforesaid divorce proceeding be directed to be listed on the same day.
5.
Admittedly, applicant is the resident of Shrirampur. It is not denied that there is no direct connectivity from Shrirampur to Dhule by Bus or Railway. Therefore, it will be difcult for the applicant to travel all alone from Shrirampur to Dhule. In view of this, I deem it appropriate to allow the application. Hence, the following order.
ORDER
(i) Application is allowed.
(ii) Petition No.A-86 of 2020 pending on the fle of Family Court Dhule is withdrawn and is transferred to the Court of Civil Judge, Senior Division, Shrirampur, Dist.Ahmednagar. (iii) Criminal Miscellaneous Application No.79 of 2020 pending before the Court of Judicial Magistrate First Class, Shrirampur and Petition No.A-86 of 2020 be kept on the same date.
( M.G.SEWLIKAR ) JUDGE SPT