Sow. Pallavi W/O Avinash Giri v. Avinash S/O Balaji Giri

Ethape ( 1 ) 943 MCA-248-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 MISC.CIVIL APPLICATION NO. 248 OF 2024 Sow. Pallavi W/o Avinash Giri

VERSUS

Avinash S/o Balaji Giri ...

Mr. Narayan Y. Chawan h/f Mr. D. M. Shinde, Advocate for Applicant. CORAM : KISHORE C. SANT, J.

DATE : 9th JANUARY 2025 PC :- 1.

Inspite of service, none appears for respondent. 2.

This Misc. Civil Application is for a direction to transfer Hindu Marriage Petition No.14 of 2024 pending before the Family Court at Darashiv to the Family Court at Nanded.

3.

The applicant has stated in the application that she is presently residing at her parental house with her four-year-old daughter. Her father is aged about 70 years. She is required to travelled about 200 k.m. to attend the proceedings at Dharashiv. There is no one to accompany her to attend the court. She has already filed a proceedings under the

Ethape ( 2 ) 943 MCA-248-2024 Domestic Violence Act bearing No.PWDVA No. 31 of 2023 and proceedings under Section 125 of the Cr.P.C. About these, proceedings are filed and pending at Nanded where the respondent has already appeared. The respondent has already appeared in the proceedings under the Domestic Violence Act and this is required to attend the Court at Nanded. The learned Advocate for the petitioner prays for transfer of HMP No.14 of 2024 pending before the Court of Dharashiv to Family Court, Nanded.

4.

For the reasons stated above, it would be in the interest of justice to allow the application. The application stands allowed in terms of prayer clause (B) which reads as below:

"B. The proceedings of petition bearing HMP No. 14 of 2024 pending before Hon'ble Family Court At. Dharashiv may kindly be withdrawn from the file of Hon'ble Family Court At. Dharashiv and the same may kindly transferred to the court of Hon'ble Family Court At. Nanded or any other competent Civil Court At.Nanded for its disposal according to law."

5.

Application stands disposed off.

[KISHORE C. SANT, J.]