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Bombay High CourtMCA/240/2022application allowed

Swati Ankush Takale v. Ankush Vyankat Takale

2023-01-20Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 1000 MCA-240.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1000 MISC.CIVIL APPLICATION NO.240 OF 2022 SWATI ANKUSH TAKALE

VERSUS

ANKUSH VYANKAT TAKALE ...

Mr. Vishant Kadam, Advocate for the applicant. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20th January 2023.

ORDER:- 1.

Heard learned Counsel for the applicant. The respondent husband, despite service remained absent. 2.

The applicant is seeking transfer of petition bearing PA No. 32/2022 filed by the respondent - husband for getting divorce, from the Family Court, Pune to Family Court, Latur. It appears that the applicant is not having any source of income and she is also having one child of tender age to look after. Further, the distance between Latur and Pune is more than 400 kms. and it would be highly difficult for the applicant to attend the dates at Pune without any financial support. Moreover, it appears that the applicant has also filed proceeding for restitution of conjugal rights in Latur Family Court and proceeding under Protection of Women from Domestic Violence Act at Ausa, District Latur. The respondent

(2) 1000 MCA-240.2022.odt has already appeared in these proceedings. As such, he will have to come to Latur frequently for attending the further dates and therefore, his petition filed at Pune can be conveniently transferred to Latur Family Court. Hence, the following order is passed.

ORDER

(i) The application is allowed.

(ii) PA No. 32/2022 is hereby transferred to the Family Court, Latur from the Family Court, Pune for its simultaneous disposal alongwith the petition filed by the applicant for restitution of conjugal rights therein, according to law.

(iii) The respondent is directed to appear before the learned Family Court, Latur on or before 15th February 2023.

(iv) The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde