Yogita Somnath Dhotre v. Somnath Ramdas Dhotre

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 955 MISCELLANEOUS CIVIL APPLICATION NO. 295 OF 2022 YOGITA SOMNATH DHOTRE

VERSUS

SOMNATH RAMDAS DHOTRE ...

Mr. V.P. Raje - Advocate for Applicant Mr. A.B. Kale - Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 6th July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant - wife is seeking transfer of Marriage Petition No. 608 of 2022 filed by respondent - husband for getting divorce, from the Court of C.J.S.D., Pune, to Family Court, Dhule.

3.

According to the applicant - wife, she is not having any independent source of income and at present she is maintaining two minor children without any financial support from respondent - husband. Moreover, she has also filed proceedings under Section 125 of Cr.P.C., under Section 9 of 1/3

Hindu Marriage Act and under the provisions of P.W.D.V. Act at Dhule, wherein the respondent - husband has already appeared.

4.

The learned counsel for the respondent - husband strongly opposed the application on the ground that, the respondent is jobless. However, it is significant to note that the respondent - husband is already attending the dates at Dhule. Further, the distance between Pune and Dhule is of 330 Kms. As such, considering the convenience of applicant - wife, following order is passed :-

ORDER

(i) The application is hereby allowed.

(ii) Marriage Petition No. 608 of 2022 pending in the Court of Civil Judge Senior Division, Pune, is transferred to Family Court at Dhule for its disposal, according to law.

(iii) The respondent is directed to appear before the Family Court at Dhule on or before 25th July, 2023 and he is at liberty to seek 2/3

convenient dates from the concerned Courts' in respect of all the proceedings which are going on between himself and applicant - wife at Dhule.

(iv) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE 3/3