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Bombay High CourtMCA/140/2015admittedallowedgrantedrule absolute

Deepali Komal Sarsare v. Komal Gendusing Sarsare

2016-07-18Hon'Ble Shri Justice T.V. Nalawade2 pages

1 M.C.A. 140.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 MISC.CIVIL APPLICATION NO. 140 OF 2015 DEEPALI KOMAL SARSARE

VERSUS

KOMAL GENDUSING SARSARE .....

Mr. R.H.Wagh, Advocate for Applicant.

Mr. P.K.Palve, Advocate for Respondent.

.....

CORAM : T.V.NALAWADE, J.

DATE : 18th JULY, 2016 ORAL ORDER :- .

The application is filed by the wife - applicant for transfer of H.M.P. No. 121/2015, presently pending in the Court of the Civil Judge [Sr. Division], Mehkar to the Family Court, Aurangabad. Heard learned counsels for both sides.

2.

It is the case of the wife that she is house wife, she has no source of income and due to that she can not afford to spend on litigation, conveyance and attendant. It is her case that the distance between Mehkar and Aurangabad is about 100 Kms. It is her case that she has filed proceeding against the husband under

2 M.C.A. 140.2015.odt the provisions of Domestic Violence Act and also u/s 354 of the Indian Penal Code and in any case the husband will be required to attend the said proceedings and so no inconvenience will be caused to him if all the matters are kept at one station.

3.

Learned counsel for the husband submitted that he is ready to spend on conveyance and attendant and wife wants to harass him.

4.

There are 2 proceedings at Aurangabad and in any case the husband will be required to come to Aurangabad and so care of convenience can be taken for keeping both the matters at one station.

5.

In the result, the application is allowed. H.M.P. No. 121/2015 pending in the Court of the Civil Judge [Sr. Division], Mehkar is withdrawn from that Court and is transferred to the Family Court, Aurangabad. The new Court to take care and see that the date of the present matter matches with the dates of 2 proceedings filed by the wife against the husband so that no inconvenience is caused to both sides. Both the parties to appear before the new Court on 02/09/2016. [T.V.NALAWADE, J.] KNP/M.C.A. 140.2015.odt