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Bombay High CourtMCA/127/2018disposed off

Sadhana Alias Sonu Santosh Suryawanshi v. Santosh Ramrao Suryawanshi And Another

2023-06-30Hon'Ble Shri Justice Sandipkumar C. More3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 962 MISCELLANEOUS CIVIL APPLICATION NO. 127 OF 2018 Sadhana @ Sonu Santosh Suryawanshi Age : 28 years, Occ. : Housewife, R/o. : C/o. : Kishan Salunke, Disha Kartik Appt. First Floor, behind Soddi Hospital, Usmanpura, Aurangabad ... APPLICANT

VERSUS

1.

Santosh Ramrao Suryawanshi, Age : 32 years, Occ. : Labour, R/o. : Shrinagar, near Hanuman Temple, Nanded, Dist. Nanded 2.

Nilesh Bhimrao Raut / Gaikwad, Age : 30 years, Occ. : Business, R/o. : Laxminagar, near SaiBaba Temple, Chavni Parisar, Aurangabad, Dist. Aurangabad ... RESPONDENTS ...

Mr. N.S. Shah h/f. Mr. S.S. Patil - Advocate for Applicant Mr. J.M. Murkute - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 30th June, 2023 PER COURT :

1.

Heard learned Counsel for the applicant. The learned Counsel for respondent despite last chance remained absent. 1/3

2.

The applicant - wife is seeking transfer of Petition A. No. 10 of 2018 pending in Family Court, Nanded filed by respondent - husband for getting divorce to the Family Court, Aurangabad.

3.

According to the applicant - wife, she is not having independent source of income and the distance between Aurangabad and Nanded is more than 250 Kilometers. As such, it seems difficult for her to attend the dates at Nanded. Moreover, she has also filed execution proceedings for recovering arrears of maintenance granted by the Family Court, Aurangabad.

4.

There is no oppose to the application. Further, respondent - husband will have to attend the dates at Aurangabad in the recovery proceeding. Therefore, considering the convenience of applicant, following order is passed :

ORDER

(i) The application is hereby allowed.

(ii) Petition A. No. 10 of 2018 pending in the Family Court, Nanded is transferred to 2/3

Family Court, Aurangabad for disposal according to law.

(iii) The respondent is directed to appear before Family Court, Aurangabad on or before 15th July, 2023.

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