Ajit Bhagwan Pawar v. Gita Ajit Pawar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1025 WRIT PETITION NO. 14079 OF 2023 AJIT BHAGWAN PAWAR

VERSUS

GITA AJIT PAWAR ...

Advocate for Petitioner : Mr. Kasar Rajendra Sudam ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 01st DECEMBER, 2023 PER COURT :

1.

Petitioner is challenging the order passed by learned Principal District Judge, under Section 24 of Code of Civil Procedure, transferring the proceedings initiated by petitioner/ husband in Civil Court Senior Division, Ahmednagar, to Civil Judge Senior Division, Newasa.

2.

Learned counsel submits that Ahmednagar being a middle place for both the parties, the proceedings be retained at Ahmednagar only. It is further submitted that the petitioner is ready to bear the expenses for travelling.

3.

Learned Principal District Judge, has considered relevant aspect of the matter and passed impugned order. The respondent has not been paid any maintenance. She has no source of income. There is nothing on the record to show that the petitioner is unable to travel from Ahmednagar to Newasa.

4.

In view of the following judgments learned Principal District Judge is justified in allowing application : a) Sumita Singh Versus Kumar Sanjay, 2002 AIR (SC) 396 ; b) Soma Choudhury Versus Gourab Choudhaury, (2004) 13 Supreme Court Cases 462 ;

c) Sangamitra Ramakant Royalwar Versus Ramakant Gangaram Royalwar, 2009 (1) Mh.L.J. 303 ;

d) Anita Balkrishna Barge Versus Balkrishna Sopan Barge, 2011 (1) Mh.L.J. 518 ;

e) Mahadevi Gopal Mehetre Versus Gopal Prabhakar Mehetre, 2016

(4) All.M.R. 599 ;

f) Vaishali Shridhar Jagtap Versus Shridhar Vishwanath Jagtap, 2016 AIR (SC) 3584 ;

g) Pooja Rohan Jadhav Vresus Rohan Ramesh Jadhav, order passed by High Court, Bench at Aurangabad in MCA No. 171 of 2018 ; h) Ashwini Kailas Patil Versus Shivajirao Anandrao Gaekwar, order passed by High Court, Bench at Aurangabad In MCA No. 46 of 2020.

5.

I do not find any merit in the Writ Petition. Writ Petition is dismissed. Learned Judge is requested to decide the proceedings for dissolution of marriage, expeditiously.

[ SHAILESH P. BRAHME, J. ] Thakur-Chauhan/-