Vishakha Kishor Jadhav v. Kishor Prabhakar Jadhav

{1} mca 170.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 41 MISC.CIVIL APPLICATION NO.170 OF 2019 VISHAKHA KISHOR JADHAV

VERSUS

KISHOR PRABHAKAR JADHAV ...

Advocate for Applicant : Mr. Gangakhedkar Shailendra S Advocate for Respondents : Mr. Deshpande Chaitanya C. ...

CORAM: ROHIT BABAN DEO, J.

Date: JANUARY 14th, 2020 ...

PER COURT :- This application is preferred by the wife, seeking transfer of HMP No. 131/2019 instituted by the non-applicant husband at Vasai to Nanded.

Although there is no affidavit in response filed on behalf of the non-applicant, the learned counsel for the non-applicant is seriously objecting to the transfer. The learned counsel would submit that the father of the applicant is a retired Policeman and therefore, the non-applicant apprehends threat to personal safety if the matter is transferred to Family Court, Nanded. There is no material to indicate that 67 years old father of the applicant shall pose threat to the person of the non-applicant husband if the matter is transferred to Nanded. The applicant has a nine years old child to look after. The applicant contends

{2} mca 170.19.odt that there is no adult member to escort her to Vasai since 67 years old father is not in a position to undertake the travel. The distance between Nanded where the applicant is residing and Vasai is approximately 600 kilometers. I am satisfied that the applicant has made out a case for transfer of the proceeding.

The application is allowed in terms of prayer clause 'B' which reads thus:- " B) By allowing this Misc. Civil Application, the Marriage Petition No.131/2019 pending before the learned Civil Judge, Senior Division at Vasai may kindly be directed to be transferred to the Family Court at Nanded. "

The transferee Court is requested to decide the HM Petition expeditiously.

The parties shall appear before the Family Court at Nanded on 17.2.2020.

(ROHIT BABAN DEO, J) vbd