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Bombay High CourtMCA/144/2014admittedallowedgrantedrule absolute

Rupali Swarajgiri Gosavi v. Swarajgiri Balugiri Gosavi

2015-08-10Hon'Ble Shri Justice Nitin W. Sambre2 pages

144.14mca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 144 OF 2014 Rupali w/o Swarajgiri Gosavi, Age: 26 years, Occ: Service, R/o. Government Ashram School, Bhagngrapani, Tal. Akkalkuwa, Dist. Nandurbar.

...Applicant versus Swarajgiri s/o Balugiri Gosavi, Age: 27 years, Occ: Service, R/o. Trimurti Nagar, Pisadevi, Tal. & Dist. Aurangabad.

...Respondent

.....

Mr. D.M. Pingale, Advocate for applicant Mr. U.P. Giri, Advocate for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 10th AUGUST, 2015 ORAL ORDER :

This is an application seeking transfer of the proceedings pending on the file of Family Court, Aurangabad to the Court of Civil Judge, Senior Division, Shahada initiated by non applicant - husband vide proceedings No. A-220/2014 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. 2.

The applicant-wife submits that she has small child of two years to look after and also serving in Ashram school as teacher.

144.14mca -23.

The above referred fact is not disputed.

4.

Learned Counsel for the husband opposed the application on the ground that there is no hardship to the applicant and the application be rejected.

5.

Looking to the hardship of the applicant, it will be appropriate to allow the present application and accordingly allowed in terms of prayer clause (B).

[ N.W. SAMBRE, J. ] Tupe/10.08.15