Manisha Premnath Bhosle v. Premnath Asaram Bhosle

( 1 ) mca189.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 56 MISC.CIVIL APPLICATION NO.189 OF 2023 MANISHA PREMNATH BHOSLE

VERSUS

PREMNATH ASARAM BHOSLE Mr.A.D. Aghav, Advocate for the applicant.

CORAM

:

KISHORE C. SANT, J.

DATED :

19.10.2023 PC :- 01.

This application is filed by the wife seeking transfer of proceeding bearing Petition No. A/722/2023 from Family Court, Pune to Family Court, Ahmednagar. Inspite of service of notice, none appears for the respondent - husband.

02.

The proceeding is filed by the husband seeking divorce under section 13(1)(ia) of the Hindu Marriage Act. It is case of the wife that she is residing at Bhatodi Pargaon, Tal. & Dist. Ahmednagar, whereas the respondent has filed proceeding at Pune. She being a lady finds it difficult to attend the proceeding at Pune. The proceeding at Pune is filed on 03.04.2023. Prior to that the wife has already filed proceedings under section 12 of the Protection of Women from Domestic Violence Act bearing No.1065 of 2022 on 23.11.2022. The petition filed at Pune is only with an intention to harass the wife and as a counter blast to the proceeding filed under the DV Act. From the memo of HMP it is seen that the respondent himself has given

( 2 ) mca189.23 his address as Sayyadgir Loni, Tq. Ashti, Dist. Beed. It is thus alleged that even husband is not permanent resident of Pune & still has filed proceeding at Pune.

03.

Considering the above facts, this Court finds that it would be in the interest of justice to direct transfer of HMP No.A/722/2023 pending before Family Court, Pune to Family Court, Ahmednagar, where the applicantwife is residing. In view of the same, following order :-

O R D E R

(i) The Misc. Civil Application is allowed.

(ii) Proceeding bearing No.A/722/2023 stands transferred from Family Court, Pune to Family Court, Ahmednagar. [KISHORE C. SANT, J.] snk/2023/OCT23/mca189.23