Manisha Yogesh Gadekar v. Yogesh Vijay Gadekar

(1) 977 MCA-26.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 977 MISC.CIVIL APPLICATION NO.26 OF 2021 MANISHA YOGESH GADEKAR

VERSUS

YOGESH VIJAY GADEKAR ...

Mr. Vikram Bhange, Advocate holding for Mr. S.L. Baswe, Advocate for the applicant.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

13th April 2023.

ORDER:- 1.

Heard learned Counsel for the applicant - wife. The respondent husband, though served by paper publication, but remained absent.

2.

The applicant - wife is seeking transfer of HMP No.A-239/2020 pending in the Family Court, Nashik, filed by respondent - husband for getting divorce, to the Family Court, Aurangabad .

3.

According to the applicant-wife, she is residing at Aurangabad with her parents and not having any independent source of income. Moreover, she has also filed two proceedings at Aurangabad. One is under the provisions of Protection of Women from Domestic Violence Act, 2005 and the other one is R.C.C. No. 1835/2019 against the respondent - husband and

(2) 977 MCA-26.2021.odt his family members. The respondent has already appeared in those proceedings. Thus, the respondent is already attending the dates at Aurangabad and therefore, considering the convenience of the applicant-wife, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) HMP No.A-239/2020 pending in the Family Court, Nashik is hereby transferred to the Family Court, Aurangabad for disposal according to law.

(iii) The respondent is directed to appear before Family Court, Aurangabad on or before 02.05.2023.

(iv) The application is disposed of accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde