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Bombay High CourtMCA/182/2023application allowed

Ashwini Tushar Ambhoare Alias Ashwini Babarao Bagate v. Tushar Devidas Ambhore

2023-10-19Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) mca182.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 MISC.CIVIL APPLICATION NO.182 OF 2023 ASHWINI TUSHAR AMBHOARE ALIAS ASHWINI BABARAO BAGATE

VERSUS

TUSHAR DEVIDAS AMBHORE Mr.R.G. Nirmal h/f. Mr. S.S. Gangakhedkar, Advocate for the applicant.

CORAM

:

KISHORE C. SANT, J.

DATED :

19.10.2023 PC :- 01.

Heard learned Advocate for the applicant. None for the respondent inspite of service of notice and appearance shown. The matter was called out in the morning session and specifically kept in the second session to facilitate the learned Advocate for the respondent to appear. However, in the second session, none appears for the respondent. 02.

This application is filed seeking transfer of the proceeding bearing Petition No. A-169 of 2023 pending before Family Court, Aurangabad to the Court of Civil Judge Senior Division, Hingoli. The parties to this petition married on 07.07.2020. The parties could not pull on well, the respondenthusband therefore filed proceeding for divorce. The wife some time after the marriage started residing at Hingoli with her parents. It is stated that father of the applicant is not financially sound. It is difficult for the applicant-wife to travel to Aurangabad because of the financial constraint and also for the reason that the parents are old persons and they cannot accompany her. She,

( 2 ) mca182.23 therefore, prays for transfer of the proceedings to Hingoli. 03.

Considering that there is difficulty for the wife in travelling to Aurangabad to attend the proceeding due to financial constraint as well as for the reason that no one is there to accompany her, this Court finds that in the interest of justice the proceeding needs to be transferred to the Court of Civil Judge, Senior Division, Hingoli. Therefore, the following order :-

ORDER

(i) The Civil Misc. Application is allowed.

(ii) Proceeding bearing Petition A. No.169 of 2023 stands transferred from Family Court, Aurangabad to the Court of Civil Judge, Senior Division, Hingoli.

[KISHORE C. SANT, J.] snk/2023/OCT23/mca182.23