Sou. Anita Dilip Parge v. Dilip Vilas Parge

1 M.C.A. 102.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 MISC.CIVIL APPLICATION NO. 102 OF 2014 SOU. ANITA DILIP PARGE

VERSUS

DILIP VILAS PARGE .....

Mr. H.D.Deshmukh, Advocate for Applicant.

Mr. G.P.Mapari, Advocate for Respondent.

.....

CORAM : T.V.NALAWADE, J.

DATE : 13th JUNE, 2016 ORAL ORDER :- .

The application is filed by the wife - applicant for transfer of H.M.P. No. 614/2014 presently pending in the Court of the Civil Judge [Sr.Division], Pune to the Court of the Civil Judge [Sr.Division], Newasa. Heard both sides.

2.

It is the case of wife that she is household lady and she has no source of income. It is her case that she is required to travel distance of 250 Kms. to attend the divorce proceeding filed by the husband in the Court at Pune.

2 M.C.A. 102.2014.odt It is her case that she is not in a position to spend on litigation, attendant and conveynace as she will be required to go to Pune. It is her case that she has filed 2 proceedings in the Court at Newasa and in any case the husband is required to attend the said proceedings. It is her case that husband is in service and no inconvenience will be caused to him if all the 3 proceedings are kept at one station, at Newasa.

3.

Learned counsel for the husband submitted that the husband is ready to spend for conveyance and attendant and it is not necessary to transfer the matter to the Court at Newasa.

4.

It is not certain as to how much time will be required to dispose of the matter filed for divorce in the Court at Pune. Things generally go out of control and so the submission made by the learned counsel for the husband is not acceptable. In any case he will be required to go to Newasa Court and so no inconvenience will be caused to the parties if all the 3 proceedings are brought at one station, at Newasa.

5.

In the result, the application is allowed. The proceeding pending in the Court of the Civil Judge [Sr.Division], Pune is withdrawn from that Court and is transferred to the Court of the Civil Judge [Sr.Division], Newasa. The new Court to take care that the date of present proceeding matches with the dates of 2 proceedings filed by the wife in the Court at Newasa so that no inconvenience

3 M.C.A. 102.2014.odt will be caused to the parties. The new Court to dispose of the divorce proceeding within the period of 6 months from the date of receipt of the record from the previous Court. The parties to appear before the new Court on 22/07/2016. [T.V.NALAWADE, J.] KNP/M.C.A. 102.2014.odt