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Bombay High CourtMCA/123/2015admittedallowedgrantedrule absolute

Sunanda Narayan Garje v. Narayan Madhukar Garje

2015-10-06Hon'Ble Shri Justice T.V. Nalawade2 pages

1 MCA 123/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Misc. Civil Application No. 123 of 2015 Sunanda Narayan Garje.

.. Applicant.

Versus

Narayan Madhukar Garje.

.. Respondent.

-------- Shri. Satyajit S. Bora, Advocate, for applicant. Respondent - served - absent.

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

DATE : 6th OCTOBER 2015 ORDER:

1) The application is filed to transfer Hindu Marriage Petition No.661/2015 which is presently pending in the Court of the Civil Judge, Senior Division, Kalyan to the Family Court, Beed. Notice of the present proceeding was served on the respondent husband but he has not turned up.

2) Heard learned counsel for the wife. He submits that the wife has no source of income and for contesting

2 MCA 123/2015 the divorce proceeding filed against her she will be required to travel distance of about 400 kilometers on each date. It was submitted that she will be required to take with her a male person like her father to Kalyan and for that she has no money. It was submitted that she has filed proceeding under section 128 of the Code of Criminal Procedure for recovery of arrears of maintenance and that proceeding is pending in Beed Court and so the husband will be required to come to Beed in any way to attend that proceeding.

3) In view of these circumstances, the application is allowed. Hindu Marriage Petition No.661 of 2015 is hereby withdrawn from the Court of the Civil Judge, Senior Division, Kalyan and it is transferred to the Family Court, Beed. The new Court is to take care and see that both the proceedings are kept on the same date and no inconvenience is caused to the parties.

Sd/- (T.V. NALAWADE, J. ) rsl