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Bombay High CourtMCA/256/2022application allowed

Sachin Bhagwanrao Dongare v. Mohini Sachin Dongare

2023-01-20Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 1002 MCA-261.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1002 MISC.CIVIL APPLICATION NO.261 OF 2022 WITH MCA/256/2022 MOHINI SACHIN DONGRE

VERSUS

SACHIN BHAGWANRAO DONGRE ...

Mr. Bhushan Dhawale, Advocate for the applicant-wife. Mr. V.G. Kodale, Advocate for the respondent-husband. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20th January 2023.

ORDER:- 1.

Heard rival submissions. The applicant-wife is seeking transfer of Petition A No.251/2021 filed by respondent - husband for getting divorce, from the Family Court, Aurangabad to the Court of Civil Judge (Senior Division), Jalna. As against this, the respondent - husband in his MCA No. 256/2022 is seeking transfer of Cri. Misc. Appl No.57/2022 and PWDVA No. 25/2022 filed by wife from the Court of J.M.F.C. Mantha to J.M.F.C. Court at Aurangabad. 2.

However, during the course of argument, both the rival Counsel submitted that the proceedings under Hindu Marriage Act can be conveniently transferred to Civil Judge (Senior Division), Jalna and the criminal proceedings filed by wife at Mantha can be transferred to Court of J.M.F.C. Jalna.

(2) 1002 MCA-261.2022.odt 3.

In view of the same, MCA No. 261/2022 stands allowed whereas MCA No. 256/2022 is allowed partly. 4.

The Petition A.No. 251/2021 is hereby transferred to the Court of learned Civil Judge (Senior Division), Jalna for its disposal alongwith the petition filed by wife for restitution of conjugal rights.

5.

Likewise, the proceedings bearing Cri.M.A. No.57/2022 and PWDVA No. 25/2022 are hereby transferred from the Court of J.M.F.C. Mantha to the Court of J.M.F.C Jalna.

6.

The respondent - husband is directed to appear before the Court of learned Civil Judge (Senior Division), Jalna on or before 8th February 2023.

7.

Both the parties are at liberty to seek convenient dates from the aforesaid Courts.

8.

Both the applications stand disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde