Kirti W/O Rahul Chaudhari v. Rahul Arvind Chaudhari

2024:BHC-AUG:112 1 935

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 MISC.CIVIL APPLICATION NO. 234 OF 2023 KIRTI W/O RAHUL CHAUDHARI

VERSUS

RAHUL ARVIND CHAUDHARI ...

Advocate for Applicant : Mr. Thole Vinod I.

Respondent sole - Served (affixing On The Door) ...

CORAM :ARUN R. PEDNEKER, J.

DATE :04th JANUARY, 2024 PER COURT:

1.

Heard.

2.

The present application is filed by the wife for the transfer of the petition bearing no. A-274/2023, pending before the Family Court, Solapur to Family Court, Aurangabad. The learned counsel submits that the applicant - wife married with the respondent - husband on 26.11.2022, at Aurangabad. On account of certain dispute between the parties, the applicant has filed proceedings under section 125 of the Cr.P.C. at Family Court, Aurangabad. Thereafter, the respondent - husband has filed the proceedings for judicial separation at Solapur in Family Court at Solapur bearing no. A-274/2023. The present transfer application is filed by the applicant - wife on the ground that Solapur is about 300 Kms. away from Aurangabad. The present applicant is living

2 935 with her father. She is fully dependent upon her father and that she is not employed.

3.

The notice in the present application is served on the respondent by affixing the same on the door of the respondent - husband. The bailiff report indicates that he was not enable to serve the respondent personally. The parents were available at home, who refused to take the service of the notice. Since the parents refused to accept the service of notice, the notice was pasted on the door. The bailiff's report also indicates that the phone number was also taken from the the father and an attempt was made to contact the respondent, since the notice could not be personally served. The notice was affixed on the door of the respondent on the address mentioned in the petition filed at Solapur. In view of the same, service is complete.

4.

For the reasons stated in the present application as indicated above in para 2, the same is allowed. The petition bearing no. A274/2023, pending at Family Court, Solapur shall be transferred to the Family Court, Aurangabad.

5.

The Miscellaneous Civil Application is disposed of. [ARUN R. PEDNEKER, J.] marathe