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Bombay High CourtMCA/184/2022application allowed

Priya Dinesh Dantkale v. Dinesh Digambar Dantkale

2022-10-07Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 968 MCA-184.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 MISC.CIVIL APPLICATION NO.184 OF 2022 PRIYA DINESH DANTKALE

VERSUS

DINESH DIGAMBAR DANTKALE ...

Mr. B.R. Waramaa, Advocate for the applicant. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

07.10.2022.

ORDER:- 1.

Heard learned Counsel for the applicant - wife. The respondent - husband, though served with fnal disposal notice, remained absent.

2.

The applicant - wife is seeking transfer of Petition No. A-624/2021 fled by her husband in the Family Court, Solapur for restitution of conjugal rights, to the Court of Civil Judge (Senior Division), Amalner, District Jalgaon. According to the applicant-wife, she is not having independent source of income, and therefore, it is diffcult for her to travel from Parola to Solapur, which is approximately 500 kms away. On the contrary, the respondent - husband is having substantial income and he can very well attend the dates of aforesaid proceeding, if transferred to Amalner.

(2) 968 MCA-184.2022.odt 3.

There is no oppose to the application by the respondent-husband, who preferred to remain absent despite service. As such, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The Petition No. A-624/2021 pending in the Family Court, Solapur is transferred to Civil Judge (Senior Division), Amalner, District Jalgaon for it's disposal according to law.

(iii) The respondent is directed to appear before the learned Civil Judge (Senior Division), Amalner on 14th November 2022.

(iv) The application is disposed of accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde