Rashmi Kunal Karnavat v. Kunal Karakchandji Karnavat

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 967 MISC.CIVIL APPLICATION NO.257 OF 2022 RASHMI KUNAL KARNAVAT

VERSUS

KUNAL KARAKCHANDJI KARNAVAT ...

Mr. Amol Gandhi, Advocate for the applicant.

Mr. R.P. Adgaonkar, Advocate for the respondent. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

14.07.2023 ORDER:- 1.

Heard rival submissions.

2.

The applicant - wife is seeking transfer of HMP No. 489/2021 filed by respondent- husband for divorce, from the Court of Civil Judge (Senior Division), Aurangabad to the Court of Civil Judge (Senior Division), Bhusawal, District Jalgaon.

3.

According to the applicant-wife, she is not having any independent source of income. Moreover, she has also filed two proceedings at Bhusawal against the respondent husband namely proceeding under the provisions of Protection of Women from Domestic Violence Act in the Court of Judicial Magistrate, First Class, Bhusawal and one Civil Suit under

(2) Section 18 of Hindu Adoption and Maintenance Act in the Court of Civil Judge (Senior Division), Bhusawal wherein the respondent has already appeared.

4.

The learned counsel for the respondent- husband strongly opposed the application by filing affidavit in reply of the respondent husband on the ground that considering the distance between Aurangabad and Bhusawal being of 170 kms, the applicant can very well attend the dates at Aurangabad on providing necessary conveyance charges.

5.

However, it seems that the respondent husband is already attending the dates at Bhusawal in the proceedings filed by the applicant wife. Therefore, considering the convenience of the applicant-wife, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) HMP No.489/2021 pending in the court of Civil Judge (Senior Division), Aurangabad is transferred to the Court of Civil Judge (Senior Division), Bhusawal for disposal according to law.

(iii) The respondent is directed to appear before the learned Civil Judge (Senior Division), Bhusawal on or before 01.08.2023. He may seek convenient dates for all the proceedings pending at Bhusawal from the concerned

(3) Courts. He will be at liberty to appear in those proceedings through his lawyer except on the dates where his personal attendance is required.

(iv) The application is disposed of accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde