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Bombay High CourtMCA/232/2022application allowed

Suvarna Vishal Khule Alias Suvarna Prakash Wadekar v. Vishal Bhaskar Khule

2022-11-25Hon'Ble Shri Justice Sandipkumar C. More2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 232 OF 2022 Mrs. Suvarna w/o Vishal Khule Applicant

Versus

Vishal s/o Bhaskar Khule Respondent Mr. P. P. More, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 25th November, 2022.

PC :

Heard learned Counsel for the applicant-wife. The applicant is seeking transfer of Petition No.A206 of 2022 pending before the Family Court at Aurangabad to the Family Court at Jalna. The said proceeding has been filed by the respondent-husband for getting divorce. The learned Counsel for the applicant-wife submits that the applicant has already filed two proceedings at Jalna, one is for restitution of conjugal rights before the Family Court at Jalna and the other one, for getting maintenance under Section 125 of the Code of Criminal Procedure. The respondent-husband is yet to appear in the aforesaid

{2} mca232.22.odt proceedings.

The respondent, despite service, remained absent. It seems that the applicant is not having any independent source of income and within a span of only four months, she started living separately on the alleged ill-treatment at the hands of the respondent and his family members. As such, considering the convenience of applicantwife, the matter from Family Court Aurangabad, can be transferred to Family Court, Jalna. Hence, following order is passed:

(i) Misc. Civil Application is hereby allowed.

(ii) The Petition No.A-206 of 2022 is transferred from the Court of Family Court at Aurangabad to the Family Court, Jalna, for its simultaneous disposal along with the petitions filed by the applicant therein, according to law. (ii) The respondent is directed to appear before the Family Court at Jalna, on or before 19th December, 2023. (SANDIPKUMAR C. MORE) JUDGE adb