Devkanya @ Rohini Ranjeet Kale v. Ranjeet Atmaram Kale

MCA-175.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 175 OF 2016 Sau. Devkanya @ Rohini w/o Ranjeet Kale age : 27 years, occup : Household, C/o Fulchand s/o Somaji Hinge, R/o At present Shivaji Nagar, Murud, Post Murud, Tq. & Dist. Solapur ... Applicant versus Ranjet s/o Atmaram Kale, AGe : 31 years, occup. Business, R/o Subhash Nagar, Kurul Road, Mohol, Tq. Mohol, Dist. Solapur ... Respondent ----- Mr Rajdeep D. Raut, Advocate for applicant CORAM :

SUNIL P. DESHMUKH, J.

DATE :

17th January, 2017 ORAL JUDGMENT :

1.

Despite service, respondent has not caused appearance. 2.

Heard learned counsel appearing on behalf of the applicant. Learned counsel states that four proceedings are pending at Latur filed by applicant-wife, however, with a view to vex applicant, proceedings bearing hindu marriage petition no. 163 of 2015 under section 13 ((a) and (b) of the Hindu Marriage Act, 1955 have been purportedly instituted by respondent-husband at Solapur.

MCA-175.16.doc 3.

It is stated that Solapur is not a place convenient to the applicant. Additionally, it is being submitted that travel distance from Solapur to Latur and back approximately is 300 kilometre. Further, father of the applicant is a handicapped person and is not in a position to travel along with applicant for attending proceedings at Solapur.

4.

All aforesaid contentions of the applicants go uncontroverted and may show tacit consent of respondent. 5.

In the circumstances miscellaneous civil application is allowed. The proceedings bearing hindu marriage petition no. 163 of 2015 pending on the file of Civil Judge, Senior Division, Solapur be transferred to a competent court at Latur. 6.

Rule is made absolute as aforesaid. Miscellaneous civil application stands accordingly disposed of.

SUNIL P. DESHMUKH, JUDGE pnd