Soniya Amol Bhuigal v. Amol Sanjay Bhuigal

2023:BHC-AUG:25815 1 mca 279.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 279 OF 2019 Soniya w/o Amol Bhigal, Age : 24 years, Occu. : Household, R/o C/o Ashok Sukhdev Khedkar, Pimpalgaon Hare, Taluka Pachora, District Jalgaon.

.. Applicant

Versus

Amol S/o Sanjay Bhuigal, Age : 26 years, Occu. : Service R/o Balaji Nagar, Shikshak Colony, Sillod, Tq. Sillod, Dist. Aurangabad.

.. Respondent Shri Ravindra B. Ade, Advocate for the Applicant. Shri Pravin N. Kamble, Advocate for the Respondent - absent. CORAM :

SHAILESH P. BRAHME, J.

DATE :

08TH DECEMBER, 2023.

FINAL ORDER :

.

Heard the learned counsel for the applicant.

2.

When the matter is called out none appears for the respondent.

3.

By way of this application, the applicant is seeking transfer of the proceedings of dissolution of marriage U/Sec. 13(1)(i-a) of the Hindu Marriage Act filed before the Court of Civil Judge Senior Division, Aurangabad to the Court of Civil Judge Senior Division, Jalgaon.

2 mca 279.19 3.

The learned counsel for the applicant submits that it is not possible for the applicant to attend the proceedings by travelling from Pachora to Aurangabad. The applicant is residing with her parents. The applicant is not having any source of income. 4.

I have considered the submissions. I record following findings.

(i) It is inconvenient for the applicant to travel and attend the proceedings at Aurangabad.

(ii) She has no source of income and she is staying with her parent.

(iii) Her sufferings and hardship are apparent.

(iv) There is nothing on record to show that the respondent is unable to attend the proceedings by travelling from Aurangabad to Jalgaon.

(v) The applicant has initiated proceedings at Jalgaon against the respondent.

5.

A useful reference can be made to the law laid down by the Supreme Court and this Court in the following matters. A.

Sumita Singh Vs. Kumar Sanjay reported in (2001) 10 SCC 41.

3 mca 279.19 B.

Soma Choudhury Vs. Gourab Choudhaury reported in (2004) 13 SCC 462.

C.

Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap reported in (2016) 14 SCC 356.

D.

Sangamitra Ramakant Royalwar Vs. Ramakant Gangaram Royalwar reported in 2009 (1) Mh.L.J. 303.

E.

Anita Balkrishna Barge Vs. Balkrishna Sopan Barge reported in 2011 (1) Mh.L.J. 518.

F.

Mahadevi Gopal Mehetre Vs. Gopal Prabhakar Mehetre reported in 2016(4) All M.R. 599.

G.

Judgment and order dated January 11, 2019 in Misc. Civil Application No. 171 of 2018 in the matter of Pooja Rohan Jadhav Vs. Rohan Ramesh Jadhav.

H.

Judgment and order dated 01 July 2022 in Misc. Civil Application No. 46 of 2020 in the matter of Ashwini Kailas Patil Vs. Shivajirao Anandrao Gaekwar.

6.

For the reasons stated above, I pass following order.

O R D E R

a.

The Misc. Civil Application is allowed.

b.

The H. M. P. No. 152 of 2018 pending before the Court of Civil Judge Senior Division, Aurangabad shall stand transferred to the Court of Civil Judge Senior Division, Jalgaon.

4 mca 279.19 c.

An endeavour be made to decide the proceedings finally as expeditiously as possible.

d.

The concern court shall transmit the papers immediately. e.

The parties to appear before the Court of Civil Judge Senior Division, Jalgaon on 10.01.2024.

f.

All the proceedings pending at a place where the applicant is residing be preferably posted on same date. g.

The applicant undertakes to communicate this order and date of appearance to the respondent.

[ SHAILESH P. BRAHME, J.] bsb/Dec. 23