Archana Murlidhar Handge v. Murlidhar Ankush Handge And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.176 OF 2016 Archana Murlidhar Handge, Age: 30 years, Occ: Household, R/o. Hariom Nagar, Ranjangaon, Tq. & Dist. Aurangabad.

..APPLICANT

VERSUS

1.

Murlidhar Ankush Handge, Age: 37, Occ: Agri., Address: Waghebabhulgaon, Tq. Kaij, Dist. Beed.

Keshav Ankush Handge, Age: 43, Occ: Agri., Address: Waghebabhulgaon, Tq. Kaij, Dist. Beed.

3.

Vilas Ankush Handge, Age: 34, Occ: Agri., Address: Waghebabhulgaon, Tq. Kaij, Dist. Beed.

4.

Ankush Sundarrao Handge, Age: 70, Occ: Agri., Address: Waghebabhulgaon, Tq. Kaij, Dist. Beed.

5.

Janabai Ankush Handge, Age: 65, Occ: Agri., Address: Waghebabhulgaon, Tq. Kaij, Dist. Beed.

6.

Shakuntala Keshav Handge, Age: Major, Occ: Household., Address: Waghebabhulgaon, Tq. Kaij, Dist. Beed.

7.

Savita Vilas Handge,

(2) Age: Major, Occ: Household., Address: Waghebabhulgaon, Tq. Kaij, Dist. Beed.

(Respondent Nos. 2 to 7 are deleted as per Court's order dated 26/07/2017) ..RESPONDENTS Mr T.Y. Sayyed, Advocate for applicant;

Mr S.S. Panale, Advocate for respondent No. 1; CORAM : N.W. SAMBRE, J.

DATE : 26th JULY, 2017 ORAL ORDER :

Present application is moved seeking transfer of the proceedings being Regular Civil Suit No. 149 of 2012 pending on the file of Court of Civil Judge, Junior Division, Kaij, District Beed to the file of Civil Judge, Junior Division, Aurangabad and also transfer of proceedings being Criminal Misc. Application No. 240 of 2012 from the file of Judicial Magistrate, First Class, Kaij, District Beed to the file of Judicial Magistrate, First Class, Aurangabad.

Learned Counsel for the applicant, upon

(3) instructions, makes a categorical statement that the proceedings being Criminal Misc. Application No. 240 of 2012 pending on the file of Judicial Magistrate, First Class, Kaij, District Beed, initiated under the provisions of Protection of Women from Domestic Violence Act shall be restricted only to the extent of respondent No.1 in the present application and also respondent No.1 to the said application No. 240 of 2012.

The statement is accepted.

3.

The said Criminal Misc. Application No. 240 of 2012, in view of aforesaid statement, stands dismissed against respondent No.2 to 7. 4.

In the wake of above, prayer is made for deletion of respondent Nos. 2 to 7 to the present application, which appears to be reasonable, as such stands allowed. Respondent Nos. 2 to 7 be deleted forthwith.

(4) 5.

So far as the prayer for transfer is concerned, same stands allowed in terms of prayer clauses (B) and (C), particularly having regard to the convenience and hardship of the applicant. (N.W. SAMBRE, J.) Tupe