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Bombay High CourtMCA/323/2022application allowed

Divyansha Pankaj Deshmukh v. Pankaj Madhavrao Deshmukh

2023-02-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 966 mca 323-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 MISC.CIVIL APPLICATION NO.323 OF 2022 DIVYANSHA PANKAJ DESHMUKH

VERSUS

PANKAJ MADHAVRAO DESHMUKH ...

Advocate for Applicant : Mr. S. S. Deshmukh ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 17/02/2023.

P. C. :

1.

Heard learned counsel for the applicant. The respondent despite service, remained absent.

2.

The applicant-wife is seeking transfer of Petition No.A-128 of 2022 fled by respondent husband for taking divorce from Family Court Aurangabad to CJSD, Kandhar, District Nanded. 3.

According to the applicant she is not having any independent source of income. The distance between Nanded and Aurangabad is around 300 Kms., and therefore, it will not be possible for her to attend dates at Aurangabad in absence of any fnancial aid. Moreover, the applicant has also fled proceeding under Section 9 of Hindu Marriage Act in the court of CJSD, Kandhar. Besides, she has also fled proceeding under PWDV Act in the court of JMFC, Kandhar, wherein notice to respondent is issued. 4.

Thus, the respondent will have to attend dates at Kandhar and therefore, considering the convenience of applicant-wife following order is passed.

2 966 mca 323-22

ORDER

1.

The application is hereby allowed.

2.

The Petition No.A-128 of 2022 is hereby transferred to the court of CJSD, Kandhar, District : Nanded from Family Court, Aurangabad, for disposal according to law.

3.

The respondent is directed to appear before CJSD, Kandhar on or before 15/03/2023.

4.

Application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-