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Bombay High CourtMCA/169/2018disposed offdismissed for default

Yogita Ganesh Vaidya v. Ganesh Ramnath Vaid And Other

2018-10-10Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 907mca169o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 169 OF 2018 YOGITA GANESH VAIDYA

VERSUS

GANESH RAMNATH VAID AND OTHER ...

Advocate for the Applicant : Ms.Pratibha B. Khanderao h/f Shri Naseem R. Shaikh.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 10th October, 2018 Per Court:

The Applicant/ wife seeks transfer of Marriage Petition No.229/2017 pending before the Court of the learned Civil Judge, Senior Division, Kopargaon, District Ahmednagar filed by the Respondent/ husband to the court of the learned Civil Judge, Senior Division, Thane. It is submitted that after some days of the marriage, the Respondent/ husband and his relatives started ill-treating and harassing the Applicant/ wife for some reason or other. The Applicant/ wife was driven out of her marital home since the Applicant could not fulfill the unlawful demands and since then, the Applicant is residing along with her parents. The Applicant has to undertake a journey of more than 300 kilometers to attend the proceedings at Kopargaon along with an adult member of the family. The Respondent/Husband attends the proceedings

*2* 907mca169o18 at Thane, which have been initiated by the Applicant/ Wife. Reliance is placed upon the following judgments :- (a) Sumita Singh vs. Kumar Sanjay, (2001) 10 SCC 41 : AIR 2002 SC 396.

(b) Mahadevi Mehtre vs. Gopal, 2015 (5) AIR Bom. 250. (c) Mona Aresh Goel vs. Aresh Satya Goel, 2000 (9) SCC 255 : AIR 2000 SCW 2652.

(d) Ravinder Kaur vs. Hitinder Singh, AIR 2000 SC 3403 (2). (e) Rena Gautam vs. Vinod Gautam, AIR 2000 SC 3405 (1). (f) Soma Choudhury vs. Gourab Choudhaury (2004) 13 SCC 462.

(g) Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374.

(h) Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, AIR 2016 SC 3584.

Issue notice to the Respondent returnable on 07.12.2018. Until then, the Trial Court would adjourn Marriage Petition No.229/2017.

The copy of the application paper book shall be supplied for issuance of notice, as well as, office objections, if any, shall also be removed, on or before 22.10.2018, failing which, this application shall stand rejected without reference to the Court on 23.10.2018. kps (RAVINDRA V. GHUGE, J.)