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Bombay High CourtMCA/222/2022application allowed

Archana Rahul Gaikwad v. Rahul Dagadu Gaikwad

2022-12-01Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} mca222.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 222 OF 2022 Archana w/o Rahul Gaikwad Applicant

Versus

Rahul s/o Dagadu Gaikwad Respondent Mr. S. V. Bhopi, advocate holding for Mr. V. B. Dhage, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st December, 2022.

PC :

Heard learned Counsel for the applicant. The respondent-husband, though served, but remained absent. The applicant is seeking transfer of HMP No. 746 of 2021 fled by the respondent-husband for restitution of conjugal rights, from the Court of Civil Judge, Senior Division, Udgir, to Family Court, Nanded. It appears that the applicant-wife has lodged FIR

{2} mca222.22.odt under Section 498-A & other Sections of IPC against the respondent-husband and, therefore, the respondent is bound to come to Nanded.

As such, considering convenience of the applicantwife, following order is passed: (i) Misc. Civil Application is hereby allowed.

(ii) HMP No. 746 of 2021 is transferred from the Court of Civil Judge, Senior Division, Udgir, District Latur, to Family Court Nanded, for its disposal according to law.

(ii) The respondent is directed to appear before the Family Court Nanded, on or before 02nd January, 2023. (SANDIPKUMAR C. MORE) JUDGE adb