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Bombay High CourtMCA/211/2016admittedallowedgrantedrule absolute

Mrs. Reena Alias Rupali Jayant Chaudhari v. Mr. Jayant Mohandas Chaudhari

2017-06-13Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 211 OF 2016 Mrs. Reena alias Rupali Jayant Chaudhari, Age: 29 years, Occ: Household, R/o. C/o. Devidas Baburao Patil, 5/2 Shraddha Colony, Taluka & Dist. Jalgaon.

..APPLICANT

VERSUS

Mr. Jayant Mohandas Chaudhari, Age: 32 years, Occ: Service, R/o. A. C/o. A.D.C.C., Infocad Ltd. 10/5, I.T. Park, V.N.I.T.

Ambazari, Nagpur-440022 B. c/O. Kishor Yashwant Chaudhari Plot No.6, Kulswamini Kripa, Lane No.3, Behind Sai Mandir, Ayodhyanagar, Nagpur-440024.

..RESPONDENT Mr M.R. Bhokarikar, Advocate for applicant;

Mr S.B. Solanke, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 13th JUNE, 2017 ORAL ORDER :

The transfer of proceedings being Petition No. A. 1006 of 2016, pending on the file of Family Court, Nagpur to the Court at Jalgaon is opposed by the respondent on the following grounds:

(2) (a) He is serving in I.T. Company, wherein it is difficult for him to leave his head quarters i.e. Nagpur.

(b) The proceedings which are initiated at Jalgaon Court under Protection of Women from Domestic Violence Act are subsequent to the proceedings which are initiated by the respondent for dissolution of marriage under Section 13(1) of the Hindu Marriage Act.

2.

It is not in dispute that the applicant is residing with her parents at Jalgaon and already proceedings under Protection of Women from Domestic Violence Act are initiated and pending on the file of learned Court at Jalgaon.

3.

Considering hardship that will be faced by the applicant and her convenience, in my opinion, it will be appropriate to allow application in terms of prayer clause (B).

(3) 4.

Misc. Civil Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe