Sima Rahul Gavai v. Rahul Vitthalrao Gavai

2024:BHC-AUG:13753

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 939 MISC.CIVIL APPLICATION NO. 220 OF 2019 Sima Rahul Gavai

VERSUS

Rahul Vitthalrao Gavai ...

Advocate for Applicant : Mr. Palsikar Vikrant S. Advocate for Respondents : Mr. Tribhuwan Nitin T. ...

CORAM : R. M. JOSHI, J.

Dated : July 10, 2024 PER COURT :- 1.

By this application, applicant is seeking transfer of Marriage Petition No.110 of 2019, pending in the file of Civil Judge, Senior Division, Daryapur, Dist. Amravati, Civil Jude, Senior Division, Jalna. It is the contention of the applicant/ wife that distance between Daryapur and Jalna is about 270 kilometers. She claims that she is not employed and dependent on her parents. She also claims that she has responsibility of a minor child. It is her submission that she won't be effectively defending the said proceedings, and hence, the same be transferred as prayed. 2.

Learned Counsel for the respondent has not opposed the application.

3.

If there is no dispute about the fact that the proceedings filed by respondent/husband are on the file of the Court having jurisdiction to entertain the subject matter thereof. However, the contention of the applicant shows that she won't be in a position to defend the said Page 1 of

939 MCA 220-2019 proceedings effectively owing to the reasons mentioned in the application. Considering these facts, the application is allowed in terms of prayer Clause 'B'.

4.

Parties are directed to appear before the Civil Judge, Senior Division, Jalna on 25/07/2024.

( R. M. JOSHI, J. ) vj gawade/-.

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