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Bombay High CourtMCA/146/2022application allowed

Aditi Vishwas Thite v. Vishwas Bhagwan Thite

2023-02-23Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} mca146.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.146 OF 2022 Aditi w/o Vishwas Thite Applicant

Versus

Vishwas s/o Bhagwan Thite Respondent Mr. A. R. Lukhe, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 23rd February, 2023.

PC :

Heard learned Counsel for the applicant. The respondent, despite service, remained absent. The applicant is seeking transfer of Petition A-86 of 2022, fled by the respondent-husband for restitution of conjugal rights from the Family Court, Akola to the Court of learned Civil Judge, Senior Division, Ambad. The applicant is not having independent source of income. She has also fled two proceedings at Ambad, one under Section 125 of the Code of Criminal Procedure and another a suit for injunction. The respondent has already

{2} mca146.22.odt appeared in those proceedings. There is no oppose to this application and, therefore, considering the convenience of applicant wife, following order is passed:

(A) Misc. Civil Application is hereby allowed.

(B) The Petition A-86 of 2022, is transferred from the Family Court, Akola to the Court of learned Civil Judge, Senior Division, Ambad, District Jalna, for disposal according to law.

{C} The respondent-husband is directed to appear before the Court of learned Civil Judge, Senior Division, Ambad, District Jalna, on or before 15th March, 2023. (SANDIPKUMAR C. MORE) JUDGE adb