Nikita Sachin Thorat v. Sachin Balasaheb Thorat

(1) 993 MCA-230.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 993 MISC.CIVIL APPLICATION NO.230 OF 2022 NIKITA SACHIN THORAT

VERSUS

SACHIN BALASAHEB THORAT ...

Mr. S.S. Gangakhedkar, Advocate for the applicant. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

09.12.2022.

ORDER:- 1.

Heard learned Counsel for the applicant. The respondent, despite service remained absent.

2.

The applicant is seeking transfer of HMP no. 301 of 2022 filed by the respondent for dissolution of marriage, from the Court of Civil Judge (Senior Division), Aurangabad to the court of Civil Judge (Senior Division), Hingoli. 2.

It appears that the applicant is not having any independent source of income and she has filed petition for restitution of conjugal rights before the Court of Civil Judge (Senior Division), Hingoli. The respondent is yet to appear there. As per the recent view of Hon'ble Apex Court, the matters arising out of same facts are required to be decided by one and the same Court. As such, considering the convenience of the applicant, following order is passed.

(2) 993 MCA-230.2022.odt

ORDER

(i) The application is allowed.

(ii) HMP No. 301 of 2022 is hereby transferred from the Court of Civil Judge (Senior Division), Aurangabad to the Court of Civil Judge (Senior Division), Hingoli for its simultaneous disposal alongwith Petition No. 121 of 2022 pending therein, according to law.

(iii) The respondent is directed to appear before the learned Civil Judge (Senior Division), Hingoli or before 16th January 2023.

(iv) The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde