Sushila Kishor Gaikwad v. Kishor Govind Gaikwad

(1) MCA-167.2019.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 57 MISC.CIVIL APPLICATION NO.167 OF 2019 SUSHILA KISHOR GAIKWAD

VERSUS

KISHOR GOVIND GAIKWAD ...

Mr. R.S. Banik, Advocate holding for Mr. V.P. Latange, Advocate for the applicant. Mr. N.B. Narwade, Advocate for the respondent. ...

CORAM :

Rohit B. Deo, J.

DATE :

13th January 2020.

PER COURT :- .

This application is preferred by the applicant - wife seeking transfer of H.M.P. No. 248 of 2018 instituted by the respondent - husband for dissolution of marriage, from Baramati to the Family Court at Ahmednagar.

2.

Although no affdavit in response is fled, the learned Counsel for the respondent - husband is opposing the request for transfer.

3.

However, in view of the fact that the wife has already instituted the proceedings under Protection of Women from Domestic Violence Act at Ahmednagar and which proceedings the non-applicant husband would have in any

(2) MCA-167.2019.odt event to attend and the fact that the applicant - wife is an orphan and would fnd it extremely inconvenient to attend the proceeding at Baramati since there is no adult male member to escort her, I am inclined to allow this application in terms of prayer clause 'B', which is reproduced herein below : B.

This Hon'ble Court maybe pleased to pass order thereby transferring the Marriage Petition No. 248/2018 fled by the Respondent in the Court of Ld. Civil Judge, Senior Division, Baramati, Dist. Pune to the Court of Ld. Family Court at Ahmednagar and for that purpose issue necessary orders.

4.

The transferee Court is requested to dispose of the above-mentioned Marriage Petition as expeditiously as possible and in any event, within one year from receipt of the proceeding by it.

(ROHIT B. DEO, J.) VD_Dhirde