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Suvarna Anil Sathe v. Anil Namdeo Sathe

2016-04-01Hon'Ble Shri Justice T.V. Nalawade2 pages

1 MCA 107 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 2 MISC.CIVIL APPLICATION NO. 107 OF 2015 SUVARNA ANIL SATHE

VERSUS

ANIL NAMDEO SATHE -------- Smt. Shilpa L. Awchar, Advocate, for applicant. Shri. Abhijeet C. Darandale, Advocate, for respondent. -------- CORAM: T.V. NALAWADE, J.

DATE : 1st APRIL 2016 ORDER:

1) The application is filed for transfer of Hindu Marriage Petition No.1 of 2015 from the Court o the Civil Judge Senior Division Newasa to the Family Court Aurangabad. Both the sides are heard.

2) It is the case of the wife that the distance between Aurangabad and Newasa is 50 kilometers and she has no resources for spending on conveyance, attendant etc. It is her case that she may not be able to contest the divorce proceeding if the matter is kept in Newasa. She has contended that she has filed one proceeding in the Court from Aurangabad and in any case the husband is required to come to Aurangabad to attend

2 MCA 107 of 2015 that matter.

3) Learned counsel for the husband submits that the distance between two places is hardly 50 kilometers and the husband can make some arrangement for making payment of expenses. The contentions of the husband cannot be accepted as the things became out of control and it is not certain that every time attendant will be available to the wife. In any case the husband is required to come to Aurangabad and so care can be taken to see that both the matters are kept on the same date and no inconvenience is caused to both the sides.

4) In the result, the application is allowed. Hindu Marriage Petition No.1/2015 (Anil Namdeo Sathe v. Suvarna Anil Sathe) is withdrawn from the Court of the Civil Judge Senior Division Newasa and is transferred to Family Court Aurangabad. The new Court to take care and see that both the proceedings are kept the same date. The parties to appear before the new Court on 6th June 2016. Sd/- (T.V. NALAWADE, J. ) rsl