Saw. Archana Bipin Babhale v. Dr. Bipin Bhimrao Babhale

MCA-169.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

MISCELLANEOUS CIVIL APPLICATION NO. 169 OF 2015 Saw. Archana W/o Bipin Babhale Age: 26 years, Occu. Education, R/o. C/o Uttam S/o Piraji Pawar "Madhur" Plot No.14, Amar Housing Society, N-8, CIDCO, Aurangabad ... Applicant

Versus

Dr. Bipin S/o Bhimrao Babhale Age: 30 years, Occu. Medical Officer R/o B & C Colony, Chaitanyanagar, Nanded ... Respondent ----- Mr. V. S. Bhale, Advocate for applicant CORAM :

SUNIL P. DESHMUKH, J.

10TH FEBRUARY, 2016 ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith. Heard learned counsel for applicant finally. Despite service, no appearance is caused on behalf of the respondent.

2.

Learned counsel for the applicant points out that after the marriage, from the wedlock, a daughter has been born who is one and half year old. It is further being stated that respondent has filed a petition for restitution of conjugal rights bearing No. A 149/2015 in the Family Court at Nanded without any cause of action. He submits that it is inconvenient and not possible for the applicant to attend to said

MCA-169.15 proceedings as she is not in a position to afford travel to Nanded, particularly, because she is residing and taking education at Aurangabad.

3.

All the contentions of the applicant go uncontroverted in the absence of other side. It further reflects that other side would not mind transfer of petition filed in Nanded Court to the Court at Aurangabad. 4.

In the circumstances, miscellaneous civil application is allowed in terms of prayer clause (2) and disposed of. 5.

Rule made absolute accordingly.

SUNIL P. DESHMUKH, J.

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