Jayshri Santosh Icche v. Santosh Gopichand Icche
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.195 OF 2018 JAYSHRI SANTOSH ICCHE
VERSUS
SANTOSH GOPICHAND ICCHE ...
Advocate for the Applicant : Shri V. A. Bagdiya Advocate for the Respondent - sole : Shri B. A. Dhengle ...
CORAM : RAVINDRA V. GHUGE, J.
DATED : 30th JULY, 2019.
...
PER COURT :
1.
On 01/10/2018, I had passed the following order :- ''1.
The applicant is aggrieved by HMP No.235/2018 filed by respondent/husband before the learned Civil Judge, Sr.Dn. Dhule and prays for a transfer to the Court of the learned Family Court at Aurangabad.
2.
Grievance is that after the marriage was solmnized, she was being tortured by her husband and his relatives. She has started residing in her parents home after being driven out of her marital home. An adult member of the family is required to accompany her since travelling to Dhule for attending the court proceedings requires an overnight journey. The applicant has preferred a petition u/s 18 of the Hindu Adoption and Maintenance
Act for maintenance for herself and her minor son namely Darshan, at Aurangabad.
3.
Reliance is placed upon the following judgments : i] Sumita Singh Vs. Kumar Sanjay AIR 2002 SC 396 ii] Soma Choudhury Vs.Gourab Choudhury, (2004) 13 SCC 462 iii] Anjali Ashok Sadhwani Vs.Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 iv] Mona Aresh Goel Vs. Aresh Satya Goel [2000(9) SCC 255] 4.
Issue notice to the respondent, returnable on 26/11/2018. Until further orders, the learned Court shall adjourn HMP No.235/2018.
5. Copy of this application/paper book for issuance of notice shall be supplied on or before 15/10/2018, failing which, this application shall stand rejected without reference to the Court on 16/10/2018.''
2.
The learned Advocate appearing on behalf of the respondent husband submits, on instructions, that the respondent has no objection if this application is allowed in terms of prayer Clause B. Other matters between the parties at Aurangabad are posted on 13/08/2019 (HMP No. 7/2018).
3.
In view of the above, this application is allowed. HMP No. 235/2018 shall stand transferred from the Court of the learned Civil Judge Senior Division, Dhule to the learned Family Court at Aurangabad. Both the parties agreed to appear before the Court at Aurangabad on 13/08/2019 and formal notices are not necessary.
(RAVINDRA V. GHUGE, J.) shp/-