Archana Harshal Wankhede v. Harshal Dadarao Wankhede

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.137 OF 2019 ARCHANA HARSHAL WANKHEDE

VERSUS

HARSHAL DADARAO WANKHEDE Mr.S.R.Patil, Advocate for the applicant.

( CORAM : Ravindra V.Ghuge, J.) DATE : 11/12/2019 PER COURT :

1.

The respondent has been served by Court notice. Since no appearance has been entered, his name is pronounced in the open Court. There was no response.

2.

On 12/07/2019, I had passed the following order :- "1.

The applicant/wife prays for transferring Petition No.A74/2019 from the learned Family Court at Nasik to the learned Family Court at Jalgaon. The applicant is presently residing with her parents at Jalgaon. She has instituted 3 proceedings u/s 125 of the Cr.P.C., u/s 12 of the Protection of Women from Domestic Violence Act and Section 498-A of the IPC at Jalgaon. Distance is more than 200 kms.

2.

It is further pointed out that the husband had initially

- 2 - moved HMP No.523/2017 seeking restitution of conjugal rights. That proceeding was also transferred under the orders of this Court, to Jalgaon. By judgment dated 01/02/2018, the said proceedings were disposed off and the applicant/wife was directed to resume co-habitation with the petitioner since she was agreeable. It is thereafter that the husband has filed the present proceeding at Nasik.

3.

Issue notice to the respondent, returnable on 26/08/2019. Until further orders, Petition No.A-74/2019 shall stand stayed.

4.

Copy of the application paper book shall be supplied for issuance of notice on or before 23/07/2019, failing which, this petition shall stand dismissed on 24/07/2019 without reference to the Court."

3.

I find that the following judicial pronouncements would be applicable to the case in hand :- (a) Sumita Singh vs. Kumar Sanjay, (2001) 10 SCC 41 : AIR 2002 SC 396.

(b) Mahadevi Mehtre vs. Gopal, 2015 (5) AIR Bom. 250. (c) Mona Aresh Goel vs. Aresh Satya Goel, 2000 (9) SCC 255 : AIR 2000 SCW 2652.

(d) Ravinder Kaur vs. Hitinder Singh, AIR 2000 SC 3403 (2).

(e) Rena Gautam vs. Vinod Gautam, AIR 2000 SC 3405

- 3 - (1).

(f) Soma Choudhury vs. Gourab Choudhaury (2004) 13 SCC 462.

(g) Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadwani, AIR 2009 SC 1374.

(h) Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, AIR 2016 SC 3584.

(i) Reena Mehra vs. Rohit Rai Mehra, AIR 2003 SC 1002. (j) Rakhi Banerjee vs. Subhankar Mukherje, AIR 2009 SC 928.

(k) T.Gayatri Devi vs. Tallepaneni Sreekanth, 2013 (6) Bom. C.R. 119 (Supreme Court).

(l) Anita Balkrishna Barge vs. Balkrishna Sopan Barge, 2011 (3) Bom. C.R. 866 (Aurangabad Bench).

(m) Smita Dhananjay Patil vs. Dhananjay Krishnakumar Patil, 2013 (5) Bom.C.R. 694 (Aurangabad Bench). (n) Kalpana Pankaj Rozatkar vs. Pankaj Supadu Rozatkar, 2013 (6) Bom.C.R. 161 (Aurangabad Bench).

(o) Sayali Swapnil Kuber vs. Swapnil Harischandra Kuber, 2014 (1) Mh.L.J. 584 (Nagpur Bench).

4.

As the respondent has not appeared and has not made out a case of manifest inconvenience or hardships, this application is allowed and petition No.A-74/2019 stands transferred from the learned Family Court, Nasik to the learned Family Court at Jalgaon.

- 4 - The applicant shall appear before the Family Court at Jalgaon on 03/01/2020.

( Ravindra V.Ghuge, J.)