Rekha Pravin Salve v. Pravin Sudhakar Salve

1 MCA - 209-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 209 OF 2016 Rekha Pravin Salve, Age 31 years, Occu.: NIL, R/o C/O Karbhari Nana Jadhav, At Post Nagardevale, Taluka and District : Ahmednagar .. Applicant Vs.

Pravin Sudhakar Salve, Age 29 years, Occu. Service, R/o Borgaonkar Chal, Sidharth Colony, Flat No. 108, Chembur, Mumbai - 400 071 .. Respondent ---- Mr. D.R. Adhav, Advocate for the applicant None present for the respondent though served ---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 23/01/2017 ORAL JUDGMENT:

1.

Rule. Rule made returnable forthwith. Heard learned counsel for the applicant. None present for the respondent despite service.

2.

Learned counsel for the applicant adverts to the circumstances that after marriage, she had been harassed and has been driven away as demand of money could not be satisfied by her brother. The applicant had initiated proceedings against the respondent under Protection of Women from Domestic Violence Act,

2 MCA - 209-2016 2005, at Amalner. Pursuant to the summons in the same, respondent has been attending said court proceedings at Amalner. However, in order to harass and vex the applicant, proceedings have been initiated for dissolution of marriage under section 13 of the Hindu Marriage Act, 1955 in family court at Bandra, Mumbai.

3.

Learned counsel for the applicant further submits that it is very difficult for the applicant to attend the proceedings at family court, Bandra, Mumbai. He submits that her father and mother are no more and applicant's brother is not in a position to take up the financial liabilities of the applicant. Besides, the brother of the applicant would not be in a position to travel alone to Mumbai on the dates of the proceedings at Mumbai, he being hard pressed financially. 4.

All aforesaid submissions on behalf of the applicant go un-controverted and, to a large extent, shows tacit consent to the request made in the miscellanoues civil application. In the circumstances, the Miscellaneous Civil Application is allowed in terms of prayer clause (B).

5.

The proceedings from family court-III, Bandra, Mumbai, be transferred to competent court at Ahmednagar.

3 MCA - 209-2016 6.

Rule is made absolute in aforesaid terms.

7.

Miscellaneous Civil Application accordingly stands disposed of.

[SUNIL P. DESHMUKH] JUDGE arp/