Shila Balram Waghchaure v. Balram Bhanudas Waghchaure

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.131 OF 2017 (Shila w/o Balram Waghchaure Vs. Balram s/o Bhanudas Waghchaure) Mr.M.D.Narwadkar, Advocate for the applicant. Mr.A.R.Kawade, Advocate for the respondent.

( CORAM : Ravindra V.Ghuge, J.) DATE : 11/12/2018 PER COURT :

1.

The applicant/wife has put forth prayer clause 14-A as under ;- "By issuing appropriate writ, order or direction the proceedings in HMP No.215/2017 pending before the file of 7th Joint Civil Judge, Senior Division, Ahmednagar be transferred to the Civil Judge, Senior Division, Kandhar, Dist.Nanded." 2.

It is submitted that the applicant is now suffering from Cancer. It is not possible for her to travel to Ahmednagar from Nanded. The distance is about 412 kms. An earlier proceeding bearing HMP No.399/2013 was also transferred under the orders of this Court dated 07/01/2014 in MCA No.98/2013.

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3.

Having considered the contentions as above and in view of the khs/DEC.2018/131-d

- 2 - law applicable, I find that the applicant would suffer grave hardships, manifest inconvenience and her sufferings would escalate if she is made to travel from Nanded to Ahmednagar knowing that she is suffering from Cancer.

4.

In view of the above, this application is allowed in terms of prayer clause "A". The litigating sides shall appear before the Court at Nanded on 04/01/2019. Formal notices need not be issued. ( Ravindra V.Ghuge, J.) khs/DEC.2018/131-d