Gauri Sandeep Jagtap v. Sandeep Balasaheb Jagtap

147.17mca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.147 OF 2017 Gauri w/o Sandeep Jagtap, Age: 21 years, Occ: Household, R/o. C/o. Prabhakar Asaram Dhage Pravara-Sangam, Tq. Newasa, Dist. Ahmednagar.

..PETITIONER

VERSUS

Sandeep Balasaheb Jagtap, Age: 30 years, Occ: Labour, R/o. Shivapur (Shelkewadi), Tq. Niphad, Dist. Nashik.

..RESPONDENT Mr Satej S. Jadhav, Advocate for petitioner;

Mr S.S. Thombare, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 27th SEPTEMBER, 2017 ORAL ORDER :

Transfer of proceedings being Hindu Marriage Petition No.174 of 2017, filed by the respondent-husband, is sought by the applicant-wife from the Court of Civil Judge, Senior Division, Niphad, District Nashik to the Court of Civil Judge, Senior Division, Newasa, District Ahmednagar, particularly looking to the convenience

147.17mca (2) of the applicant and her husband.

2.

The prayer is opposed by the respondent - husband on two counts; (a) the application is filed on the cause of action as disclosed therein at Niphad and (b) this Court lacks territorial jurisdiction.

3.

so far as first issue is concerned, it is required to be noted that the respondent was given option to pay conveyance and out of pocket expenses to be incurred by the applicant for travelling, to which, he has not agreed to. So far as second contention of territorial jurisdiction is concerned, said issue is no more res-integra, in view of the judgment of this Court in the matter of Sayali vs. Swapnil, reported on 2014(1) Mh.L.J. 584.

4.

In view thereof, Misc. Civil Application Stands allowed in terms of prayer clause (B). ( NITIN W. SAMBRE, J.) Tupe