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Bombay High CourtMCA/196/2022application allowed

Laxminanda Nilesh Rakhonde v. Nilesh Ramdas Rakhonde

2022-10-20Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 1014 mca 196-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1014 MISC.CIVIL APPLICATION NO.196 OF 2022 LAXMINANDA NILESH RAKHONDE

VERSUS

NILESH RAMDAS RAKHONDE ...

Advocate for Applicants : Mr. Ruchir Wani h/f Mr. Harshal Prakash Randhir ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 20/10/2022.

P. C. :

1.

Heard learned Counsel for the applicant - wife. The respondent husband, though served but remained absent. 2.

The applicant - wife is seeking transfer of H.M.P. No. 244 of 2021, pending in the court of Civil Judge (Senior Division), Achalpur, District Amrawati fled by respondent - husband for restitution of conjugal rights to the Family Court, Jalgaon. According to the applicant-wife, she is residing at Jalgaon, which is approximately 300 kms away from Achalpur. Moreover, she has also fled two proceedings against the respondent at Jalgaon. One is under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing Criminal Miscellaneous Application No.251 of 2021 and another is E-Petition No. 154 of 2021 for getting maintenance under Section 125 of Cr.P.C. before Family Court, Jalgaon. The respondent has appeared in both the proceedings.

2 1014 mca 196-22 Therefore, considering the convenience of applicant, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) The HMP NO. 242 of 2021, pending in the court of Civil Judge (Senior Division), Achalpur, District Amravati is transferred to the Family Court, Jalgaon for disposal according to law. (iii) The respondent is directed to appear before Family Court, Jalgaon on 28/11/2022.

(iv) The application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-