Krutika Girish Gaikwad v. Dr. Girish Prafulla Gaikwad

(1) 974 MCA-190.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 MISC.CIVIL APPLICATION NO.190 OF 2022 KRUTIKA GIRISH GAIKWAD

VERSUS

DR. GIRISH PRAFULLA GAIKWAD ...

Mr. A.R. Lukhe, Advocate holding for Mr. Avishkar Shelke, Advocate for the applicant.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

12.01.2023.

ORDER:- 1.

Heard learned Counsel for the applicant. The applicant is seeking transfer of Petition A No. 77/2022 filed by respondent husband for getting divorce, from the Family Court, Ahmednagar to the Family Court, Jalgaon. 2.

According to the applicant, she is having no source of income and she has also filed three proceedings against the respondent husband at Jalgaon namely Petition A.No. 104/2022 for restitution of conjugal rights in Family Court, Jalgaon, PWDV Application No. 109/2022 and E Petition No.43/2022 under Section 125 of Cr.P.C. The respondent has already appeared in these proceedings.

3.

It is significant to note that despite service, the respondent has failed to appear. Moreover, the respondent

(2) 974 MCA-190.2022.odt husband is already appearing at Jalgaon for attending the dates at Family Court and concerned Court of J.M.F.C. Jalgaon. Therefore, considering the convenience of the applicant wife, following order is passed.

ORDER

(i) The application is allowed.

(ii) Petition A.No.77/2022 is hereby transferred from the Court of Family Court, Ahmednagar to the Family Court, Jalgaon for disposal according to law.

(iii) The respondent is directed to appear before the learned Family Court, Jalgaon on or before 1st February 2023 and liberty is granted to him for filing application before the learned Family Court, Jalgaon for clubbing all the matters together which are going on between himself and the applicant.

(iv) The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde