Jyoti Jagdish Patil v. Jagdish Madhukar Patil

1 MCA-148.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 148 OF 2015 Mrs. Jyoti Jagdish Patil, Age: 30 years, occ. Housewife, R/o : Anchale, Tq. Dist Dhule.

...APPLICANT versus Jagdish Madhukar Patil, Age: 32, Occ. Driver, R/o : Plot No. 1, Ishwar Colony, Besides Panchmukhi Hanuman Mandir, Jalgaon.

...RESPONDENT .....

Mr. Shaikh Samir A.S. Advocate for applicant Respondent - served .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 2nd MARCH, 2016 ORAL JUDGMENT :- 1.

Rule. Rule made returnable forthwith. Heard learned counsel for the applicant finally.

2. Despite service on earlier occasion, no appearance is caused on behalf of the respondent.

3.

Learned counsel for the applicant submits that the respondent is hitherto attending to a clutch of proceedings pending under different enactments in the courts at Dhule. Additionally, learned counsel for applicant points out that the

2 MCA-148.15 applicant is a housewife and it would be inconvenient for her to travel with her four year old daughter from village Anchale, District Dhule to attend proceedings bearing Hindu Marriage Petition No. 140 of 2015 filed by the respondent under section 9 of the Hindu Marriage Act, 1955 in the court of civil judge, senior division at Jalgaon. Aforesaid contentions are unconverted. 4.

Having regard to that the respondent is already attending to the proceedings pending in courts at Dhule, it would be expedient and in the interest of justice to grant the application. 5.

Accordingly, the miscellaneous civil application is allowed in terms of prayer clause "B" and stands disposed of. 6.

Rule is made absolute in aforesaid terms.

Sd/- ( SUNIL P. DESHMUKH, J. ) MTK