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Bombay High CourtMCA/149/2016disposed offdismissed for default

Asmita Sachin Sonawane v. Sachin Rohidas Sonawane

2017-06-12Hon'Ble Shri Justice Nitin W. Sambre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

30 MISCELLANEOUS CIVIL APPLICATION NO. 149 OF 2016 ASMITA SACHIN SONAWANE

VERSUS

SACHIN ROHIDAS SONAWANE ...

Advocate for Applicant : Mrs. Maya R. Jamdhade. Advocate for Respondent : Mr. Umakant K. Patil. ...

CORAM :

N. W. SAMBRE, J.

DATE :

12th June, 2017.

P.C.:

.

The parties entered into wedlock on 29th May, 2015 at Nanded, and resided at Panvel for very short time.

Thereafter, the present Applicant initiated proceedings under the Domestic Violence Act at Nanded in which the non-Applicant is very much appearing; whereas the non-Applicant has initiated the proceedings under Section 13(a) of the Hindu Marriage Act in the Court of Civil Judge Senior Division, Panvel of which transfer is sought by the Applicant / wife to the Family Court at Nanded. The prayer for transfer is opposed on the ground that there are certain criminal complaints filed. Apart from above, a prayer is made that the matter be transferred, if not convenient to the Applicant, either at Pune or Aurangabad. The non-Applicant undertakes to bear travel

and out of pocket expenses to the extent of Rs.5,000/- per date. In the aforesaid background, I proceed to pass the following order:

O R D E R

I) The non-Applicant undertakes to deposit an amount of Rs.10,000/- (Rupees Ten Thousand Only) within fifteen days on the first date in the Court at Panvel. II) Upon such deposit, the proceedings Hindu Marriage Petition No.183 of 2016 will stand transferred to the file of the Family Court, Aurangabad and the parties hereto agree that they shall appear before the Family Court, Aurangabad on 29th June, 2017 at 11:00 am. III) The Family Court at Aurangabad shall on the first date ensure payment of Rs.5,000/- (Rupees Five Thousand Only) to the Applicant herein. Thereafter, by maintaining minimum deposit of Rs.5,000/- (Rupees Five Thousand Only) before the Family Court, Aurangabad, the non-Applicant undertakes and continues to deposit Rs.5,000/- (Rupees Five Thousand Only) per date before the Family Court,

Aurangabad.

IV) With the above observations, the application stands disposed of.

[ N. W. SAMBRE, J. ] ndm