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Soniya W/O Ankush Kusmude v. Ankush S/O Ramdas Kusmude

2015-09-15Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

MISC.CIVIL APPLICATION NO. 159 OF 2014 SONIYA W/O ANKUSH KUSMUDE

VERSUS

ANKUSH S/O RAMDAS KUSMUDE ...

Advocate for Applicant : Mr. Surve Hemant.

Advocate for Respondent: Mr. Kedar Balbhim R. *** CORAM: T. V. NALAWADE, J.

DATED: 15th SEPTEMBER, 2015.

PER COURT:

1.

The application is filed for transfer of Case No.A253 of 2013 presently pending in the Family Court at Aurangabad. The transfer is sought to Family Court at Pune. The submissions made show that the wife had filed two proceedings against the husband in Solapur Court, one is under the provisions of Prevention of Women from Domestic Violence Act and another is for maintenance under Criminal Procedure Code. Thus, in any case, the husband is required to go to Solapur to attend the proceedings and for that he must be taking

-:(2):- leave from his employer. As the wife has filed two proceedings at Solapur it can be presumed that she is staying at Solapur and the place Solapur is convenient for her. In view of this circumstance, this Court holds that instead of transferring the matter to Pune, the matter can be transferred to the Family Court at Solapur. 2.

In the result, the application is allowed. The proceedings is withdrawn from the Court at Aurangabad and transferred to Family Court at Solapur. The new Court is to take care and see that the date of this matter is fixed as per the dates given in the aforesaid two matters filed by wife under the provisions of Protection of Women from Domestic Violence Act in the Family Court at Solapur and under Criminal Procedure Code. 3.

The parties to appear before the new Court on 14th October, 2015.

[T. V. NALAWADE, J.] Dt.15/09/2015 ans/159