Shilpa Amol Khobragade v. Amol Sahebrao Shirsath

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1045 MISC.CIVIL APPLICATION NO.193 OF 2019 SHILPA AMOL KHOBRAGADE

VERSUS

AMOL SAHEBRAO SHIRSATH ...

Advocate for Applicant : Mr. R.C. Bora h/f. Mr. Choudhari N. L.

...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 06th DECEMBER, 2023 PER COURT :

1.

Heard learned counsel for the applicant.

2.

None for the respondent, though served.

3.

By way of this application, the applicant is seeking transfer of the proceedings of dissolution of marriage filed before the Civil Judge, Senior Division, Washim, District Washim, to Civil Judge, Senior Division, Dhule, District Dhule.

4.

The learned counsel for the applicant submits that it is not possible for the applicant to attend the proceedings by travelling from Dhule to Washim.

5.

I have considered rival submissions. I record following findings :

i.

It is inconvenient for the applicant to travel and attend the proceedings at Washim.

ii.

She has one child out of wedlock.

iii.

She has no source of income and she is staying with her parents. iv.

Her sufferings and hardship are apparent.

v.

There is nothing on record to show that the respondent is unable to attend the proceedings by travelling from Washim to Dhule. vi.

The applicant has initiated proceedings at Dhule against the respondent.

6.

A useful reference can be made to the law laid down by the Supreme Court and this Court in the following matters : 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.

7.

For the reasons stated above, I pass following order :

ORDER

i.

The Miscellaneous Civil Application is allowed. ii.

The HMP No. 106 of 2019 pending before the Civil Judge Senior Division, Washim, District Washim, shall stand transferred to Civil Judge Senior Division, Dhule, District Dhule.

iii.

An endeavour be made to decide the proceedings finally as expeditiously as possible.

iv.

The concern Court shall transmit the papers immediately.

v.

The parties to appear before the Court at Aurangabad on 05th January, 2024.

vi.

All the proceedings pending at a place where the applicant is residing be preferably posted on same date. [ SHAILESH P. BRAHME, J. ] Thakur-Chauhan/-