Vidhya Brijbhushan Gaikwad v. Brijbhushan Namdeorao Gaikwad

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

MISC.CIVIL APPLICATION NO. 116 OF 2014 VIDHYA BRIJBHUSHAN GAIKWAD

VERSUS

BRIJBHUSHAN NAMDEORAO GAIKWAD ...

Advocate for Applicant : Mr. Nikam Prashant K. Advocate for Respondent: Mr. Pandit S. M.

*** CORAM: T. V. NALAWADE, J.

DATED: 15th SEPTEMBER, 2015.

PER COURT:

1.

The application is filed for transfer of H.M.P. No.30 of 2013 pending before learned Civil Judge, Senior Division, Latur. The present proceeding is filed by wife and she wants the matter to be transferred to Family Court at Aurangabad.

2.

Both sides are heard.

3.

The submissions made show that the wife is working in L.I.C. at Vaijapur, District Aurangabad while the husband is working at Jalkot situated at 32 Kms. From Latur. The wife is required to take care of daughter

-:(2):- aged about 3 to 4 years. It is her case that she will be required to take attendant with her for going to Latur and she will face difficulty to go to Latur to attend the matter filed by husband under section 9 of Hindu Marriage Act. Submissions made show that the talk for compromise is going on. The parties want to compromise the matter, as they both want to resume cohabitation but the different place of work is the circumstance which is coming in their way. To see that no inconvenience is caused to wife this Court holds that the matter can be transferred to Aurangabad. In any case, the husband is required to come to Aurangabad to attend the case filed by wife under Protection of Women from Domestic Violence Act.

4.

In the result, application is allowed. H.M.P. No.30 of 2013 with withdrawn from the Court of learned Civil Judge, Senior Division, Latur and it is transferred to Family Court at Aurangabad. The new Court to see that the date of the present matter is kept as per the date which is taken in the proceeding filed under the Protection of Women from Domestic Vilolence Act so that no inconvenience is caused. Parties to appear before the

-:(3):- Family Court at Aurangabad on 5th October, 2015. [T. V. NALAWADE, J.] Dt.15/09/2015 ans/116