Kanchan Swapnil Wankhede v. Swapnil Panjabrao Wankhede

1 M.C.A. 125.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 125 OF 2015 Kanchan Swapnil Wankhede ..... APPLICANT V E R S U S Swapnil Panjabrao Wankhede ..... RESPONDENT .....

Mr. Swapnil A.Deshmukh, Advocate for Applicant. .....

CORAM : T.V.NALAWADE, J.

DATE : 10th MARCH, 2016 ORAL ORDER :- .

The application is filed by the wife - applicant for transfer of H.M.P. No. A-387/2014, presently pending in the Family Court at Nanded to the Family Court at Aurangabad. The respondent is duly served, but he has not turned up.

2.

It is the case of the wife - applicant that she has no source of income and she is not in a position to spend on conveyance and also on attendance for going to Nanded to attend the divorce proceeding filed against her by the respondent. It is her case that one proceeding filed by her against the respondent is pending in Family Court at Aurangabad and no inconvenience would be caused if both the matters are kept in one Court.

2 M.C.A. 125.2015.odt 3.

As the proceeding filed against the applicant is divorce proceeding and considering the aforesaid circumstances, this Court held that to enable the wife to contest the proceeding filed for divorce effectively, the matter needs to be transferred to the Family Court, Aurangabad.

4.

In the result, H.M.P. No. A-387/2014 is withdrawn from the Family Court, Nanded and is transferred to the Family Court, Aurangabad. Before starting of the hearing, Family Court, Aurangabad to give notice to the husband - respondent as he has not turned up. Family Court, Aurangabad to keep present matter and other matter pending before it on one date so as not to cause inconvenience to both the sides.

[T.V.NALAWADE, J.] KNP/M.C.A. 125.2015.odt