Bombay High CourtMCA/236/2019disposed off

Sangita Ganesh Amburle v. Ganesh Nathuram Amburle

2024-01-12Hon'Ble Shri Justice Arun R. Pedneker3 pages

2024:BHC-AUG:1039

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 MISC.CIVIL APPLICATION NO. 236 OF 2019 SANGITA GANESH AMBURLE

VERSUS

GANESH NATHURAM AMBURLE ...

Advocate for Applicant : Ms.Nima Suryawanshi ...

CORAM :ARUN R. PEDNEKER, J.

DATE :12.01.2024 P.C. :

1] Heard the learned counsel for the applicant.

2] Though the respondent is served, none has entered appearance on behalf of the respondent. 3] The present Application is filed by the applicant - wife seeking transfer of the Petition No. A-99 of 2019, filed by the respondent - husband under Section 12 (1) of the Hindu Marriage Act, 1955, from the Family Court at Thane to the Civil Judge Senior Division, Bhusawal, District Jalgaon.

4] The learned counsel for the applicant submits

that the marriage between the applicant and respondent was solemnized in the year 2018. On account of certain dispute, the respondent drove the applicant out of her matrimonial house and the applicant was left with no choice but to reside at her parental house at Bhusawal without any support of respondent. The learned counsel further submits that the applicant is uneducated without employment. The applicant has no independent source of income. The applicant has filed D.V. proceedings against the respondent at Bhusawal. The learned counsel further submits that the respondent is a bus conductor and he can conduct the proceedings at Bhusawal. The learned counsel further submits that considering the said fact, the proceedings bearing Petition No. A-99 of 2019 pending before the Family Court at Thane, may be transferred to the Civil Judge Senior Division at Bhusawal, District Jalgaon. 5] In view of the submissions made, the Misc. Civil Application is allowed in terms of prayer clause-B, which reads as under :

B] The civil proceeding bearing Petition No.

A-99/2019 before the Ld. Family Court, Thane, may kindly be transfer to the ld.

C.J.S.D.Bhusawal Dist:Jalgaon.

6] The Misc. Civil Application is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC