Rashmi Mahesh Gonge v. Mahesh Ashok Gonge

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 304 OF 2022 Sow. Rashmi Mahesh Gonge, age: 40 years, Occ: Service, at present R/o C/o Ramesh Madhavrao Musale, Plot No.6, Ekdant Row House, Lendkar Mala, Balikashram Road, Ahmednagar, Tq. and District Ahmednagar.

Applicant

Versus

Mahesh Ashok Gonge, age: 40 years, Occ: Service, R/o Sutar Galli, Kolgaon, Tq. Shrigonda, District Ahmednagar.

Respondent Mr. Sanket Nikam, advocate holding for Mr. Y. V. Kakade, advocate for the Applicant Respondent is served.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th July, 2023.

JUDGMENT :

Heard learned Counsel Mr. Sanket Nikam, holding for Mr. Y. V. Kakade, advocate for the applicant. The respondent, despite service, remained absent.

{2} The applicant-wife is seeking transfer of Hindu Marriage Petition No.41 of 2022, fled by the respondenthusband for getting divorce, from the Court of Civil Judge, Senior Division, Shrigonda to the learned Family Court, Ahmednagar.

According to the applicant, she is not having any independent source of income. Moreover, she has also fled proceeding for restitution of conjugal rights against the respondent-husband in the Family Court at Ahmednagar, which is pending.

There is no oppose to this application. Since the respondent will have to appear before the Family Court at Ahmednagar in the proceeding fled by the applicant-wife, following order is passed:

{i} Misc. Civil Application is allowed.

{ii} Hindu Marriage Petition No.41 of 2022 is hereby

{3} transferred to the Family Court at Ahmednagar from the Court of Civil Judge, Senior Division, Shrigonda for disposal according to law.

{iii} The Respondent is directed to appear before the Family Court at Ahmedngar, on or before 1st August, 2023. {iv} Misc. Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb