Harsha Liladhar Rane v. Liladhar Sharad Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 127 OF 2015 Sau. Harsha Liladhar Rane Age: 27 years, Occu. Household, R/o. C/o. Shri Laxuman Yadav Mahajan N-9, K-42/4, Pavan Nagar, CIDCO, Aurangabad ... APPLICANT

Versus

Liladhar Sharad Rane, Age: 33 years, Occu. Service, R/o. Plot No. 104, Chaudhari Residency, Om Colony No.2, Vijlinagar, Chinchwar, Pune 411 033 ... RESPONDENT .....

Mr. Yuvraj V. Kakde, Advocate for applicant Mr. A. C. Deshpande, Advocate for respondent .....

CORAM :

SUNIL P. DESHMUKH, J.

DATE :

FEBRUARY 12, 2016 ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith. Heard learned counsel for the parties finally, by consent.

2.

After hearing learned counsel, the position emerges that two proceedings lodged by applicant in the court at Aurangabad are being attended to by respondent husband. Additionally, it is

contended by the applicant that along with two years old child it is difficult for her to attend the proceedings at Pune. Further her father is not in a position to accompany her at Pune. It is further being submitted that already respondent is attending two proceedings at Aurangabad and as such, it is convenient to him to attend third proceeding at Aurangabad.

3.

Learned counsel for respondent, however, submits that respondent is ready and willing to bear the expenses of applicant towards travel from Aurangabad to Pune and from Pune to Aurangabad and further states that for attending three matters at Aurangabad on different dates would be difficult for respondent and may affect his services.

4.

Having regard to that the respondent is already attending the two proceedings at Aurangabad, transfer of third proceedings pending in Pune which to court at Aurangabad may not cause much inconvenience to him. The dates in three matters at Aurangabad can always be arranged in a manner which would be convenient to him.

5.

In the circumstances, I deem it appropriate and expedient that the proceedings bearing Hindu Marriage Petition No. 513 of 2015 pending in the court of 5th Joint Civil Judge, Senior Division, Pune be transferred to the court of Judicial Magistrate, First Class at Aurangabad.

6.

Miscellaneous civil application as such is allowed. Rule is made absolute in terms of prayer clause (B).

7.

The proceedings which are pending in Aurangabad between the parties and the one being transferred from Pune court be arranged and organised in a manner, so as not to cause any inconvenience to the respondent and preferably common dates would be expedient.

( SUNIL P. DESHMUKH, J. ) sms ***