Medha Akash Patwari Alias Medha Shrikant Rawale v. Akash Vijay Patwari

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 176 OF 2022 Medha w/o Akash Patwari @ Medha d/o Shrikant Rawale Applicant

Versus

Akash Vijay Patwari Respondent Mr. N. K. Tungar, advocate for the Applicant Mr. R. K. Khandelwal, advocate for the Respondent. CORAM : SANDIPKUMAR C. MORE J.

DATE : 30th September, 2022.

PC :

Heard learned Counsel for the respective parties. The applicant-wife is seeking transfer of marriage Petition No. A-785 of 2022, pending before the Family Court2, Pune, to the Family Court at Aurangabad. The learned Counsel for the applicant-wife submits that the wife has also fled Petition for restitution of conjugal rights at Family Court, Aurangabad, in which the husband has appeared and attending the dates regularly. Besides, the wife has also fled Complaint before the Women Cell at Aurangabad against the Respondent-husband.

{2} On the contrary, learned Counsel for the Respondent-husband strongly opposed the application by fling affdavit-in-reply mentioning that both the proceedings at Aurangabad are fled by the wife as a counter blast to the petition fled by him for divorce at Family Court, Punee. He further submits that the Respondent-husband, being a qualifed person, has to stay at Pune as he is working in Private Trading Company. It is submitted that he is also ready to provide necessary charges for applicant-wife for attending the dates at Pune.

However, it is to be noted that the applicant-wife is not having independent source of income and the distance between Aurangabad and Pune is 230 Kms approximately. Further, anyhow the Respondent-husband is attending the dates of the proceedings fled by the wife at Aurangabad and, therefore, the matter at Family Court, Pune, can be conveniently transferred to Family Court, Aurangabad. Hence, following order is passed.

(i) Misc. Civil Application is hereby allowed and

{3} Marriage Petition No.A-785 of 2022, pending in Family Court2, Pune, is hereby transferred to the Family Court, Aurangabad, for its simultaneous disposal along with APetition No. 314 of 2022, pending there, as expeditiously as possible.

(ii) Misc. Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE) JUDGE adb