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Bombay High CourtMCA/257/2023application allowed

Deepali Sham Chavhan v. Sham Kashinath Chavhan

2024-11-19Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:27210 942-MCA-257-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 257 OF 2023 Deepali Sham Chavhan

VERSUS

Sham Kashinath Chavhan *** • Mr. A. N. Patale, Advocate for the Applicant *** CORAM : R.M. JOSHI, J DATE : NOVEMBER 19, 2024 PER COURT :

1.

This application is filed for transfer of HMP No. 127/2021 filed by the Respondent/Husband before the Civil Judge, Senior Division, Jalna to Family Court, Nanded.

2.

It is the case of the Applicant that she is resident of Nanded and after being deserted by Husband, she is compelled to stay there with minor child. It is her case that she has no independent source of income and with responsibility of child it is not possible for her to travel from Nanded to Jalna, which is at the distance of 300 kms.

3.

Though Respondent is served, absent. This Umesh

942-MCA-257-2023.odt shows that he is not interested in prosecuting the application.

4.

Having regard to the aforestated facts, compelling the Applicant/Wife to contest the proceedings at Jalna would cause inconvenience as well as prejudice to her proper defence in the said proceedings. Hence, application is allowed in terms of prayer clause 'B'.

(R.M. JOSHI, J.) Umesh