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Bombay High CourtMCA/141/2015admittedallowedgrantedrule absolute

Pooja Arvind Jadhav v. Arvind Ashruba Jadhav

2016-04-25Hon'Ble Shri Justice T.V. Nalawade2 pages

MCA No. 141/2015

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 14 MISC.CIVIL APPLICATION NO. 141 OF 2015 POOJA ARVIND JADHAV

VERSUS

ARVIND ASHRUBA JADHAV ...

Advocate for Applicant : M.S. Karad Advocate for respondent : P.S. Shendurikar ...

CORAM : T.V. NALAWADE, J.

DATED : 25th April, 2016.

ORDER :

1.

The application is filed by wife for transfer of H.M.P. No. 82/2015, presently pending in the Court of Civil Judge, Senior Division, Shrigonda, District Ahmednagar to Family Court, Aurangabad.

2.

The wife has filed the present application by contending that she has filed one proceeding in Aurangabad. It is her case that she is housewife, she is not in a position to spend on litigation, travelling and on attendant and so, it will not be possible for her to contest the matter filed for divorce by husband effectively. Notice of the present matter is served on the husband, but he has not turned up. In view of these circumstances, this Court holds that application deserves to be allowed.

MCA No. 141/2015 3.

In the result, the application is allowed. The aforesaid H.M.P. No. 82/2015 is withdrawn from the Court of Civil Judge, Senior Division, Shrigonda, District Ahmednagar and is transferred to the Family Court, Aurangabad. The new Court is to take care and see that present proceeding and other proceeding filed by wife are kept on the same date so that no inconvenience is caused to both the sides. The new Court is to give notice to husband before staring hearing of the divorce proceeding as husband has not turned up in the present proceeding. Parties are to appear in the new Court on 4.7.2016.

[ T.V. NALAWADE, J. ] ssc/