Mrs. Laxmibai W/O Vinod Suryavanshi @ Laxmi D/O Rajendra Survase v. Mr. Vinod S/O Bharat Suryavanshi

2024:BHC-AUG:13952 942-MCA-283-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 283 OF 2023 Mrs. Laxmibai W/o Vinod Suryavanshi @ Laxmi D/o Rajendra Survase

VERSUS

Mr. Vinod S/o Bharat Suryavanshi ...

Mr. S. N. Lale Yelwatkar, Advocate for Applicant ...

CORAM

: R.M. JOSHI, J DATE : JULY 11, 2024 PER COURT :

1.

Applicant is wife. She claims to be unemployed. It is, therefore, her contention that it is inconvenient for her to travel from Ausa to Mumbai which is at the distance of 500 km. On this ground, transfer of Hindu Marriage Petition No. A-3398/2023 filed at Family Court, Bandra is sought to be transferred to Civil Judge, Senior Division, Ausa. 2.

Though Respondent is duly served, remained absent. His absence shows that he is not interested in opposing application.

3.

The contention of the Applicant has gone uncontroverted. Applicant was able to show that it is

942-MCA-283-2023.odt inconvenient for her to travel from Ausa to Bandra, Mumbai. Compelling her to attend Hindu Marriage Petition No. A-3398/2023 at Family Court, Bandra will affect her right to defend effectively.

4.

In view of above, application stands allowed in terms of prayer clause 'A'. Hindu Marriage Petition No. A-3398/2023 is transferred from Family Court, Bandra to learned Civil Judge, Senior Division, Ausa. Learned Civil Judge, Senior Division, Ausa to issue notice to Respondent as this order is passed in his absence.

(R. M. JOSHI, J.) Malani