Gauri Shreekant Kajale Alias Gauri Suresh Swami v. Shreekant Somnath Kajale

{1} mca255.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 255 OF 2022 Gauri w/o Shreekant Kajale @ Gauri d/o Suresh Swami Applicant

Versus

Shreekant s/o Somnath Kajale Respondent Mr. G. V. Mohekar, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 25th November, 2022.

PC :

Leave to correct prayer clause "B"in respect of number of HMP as "05 of 2021".

Heard learned Counsel for the applicant-wife. The applicant is seeking transfer of HMP No. 05 of 2021 from the Family Court-2 of Aurangabad to the Court of learned Civil Judge, Senior Division at Ambejogai, District Beed. The aforesaid petition has been fled by the respondent-husband for getting divorce.

The learned Counsel for the applicant submits that the applicant has also fled proceeding at Ambejogai i.e. for restitution of conjugal rights. The respondent-husband,

{2} mca255.22.odt despite service, failed to appear in the said proceeding. It is to be noted here that the respondenthusband, though served, but remained absent. Therefore, considering convenience of the applicant-wife and keeping in mind the proceeding fled by the wife at Ambejogai, following order is passed:

(i) Misc. Civil Application is hereby allowed.

(ii) HMP No. 05 of 2021 is transferred from the Family Court-2, Aurangabad, to the Court of Civil Judge, Senior Division, Ambejogai, District Beed for its simultaneous disposal along with the Petition fled by the wife pending therein, according to law.

(ii) The respondent is directed to appear before the Civil Judge, Senior Division, Ambejgoi, District Beed on or before 19th December, 2022.

(SANDIPKUMAR C. MORE) JUDGE adb