Pooja @ Vidhya Santosh Pawar v. Santosh Bhimrao Pawar

1 MCA 8 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 MISC.CIVIL APPLICATION NO. 8 OF 2015 POOJA @ VIDHYA SANTOSH PAWAR

VERSUS

SANTOSH BHIMRAO PAWAR -------- Shri. P.N. Kalani, Advocate, for applicant. Shri. S.K. Chavan, Advocate, for respondent. ---------- CORAM: T.V. NALAWADE, J.

DATE : 3rd AUGUST 2016 ORDER:

1) The application is filed by wife for transfer of Hindu Marriage Petition No.163/2014 filed under section 9 of the Hindu Marriage Act from the Court from Parbhani to the Court from Mehakar. Heard both sides. 2) It is the case of the applicant that she has a daughter aged 24 months and due to this circumstance she may face difficulties in going to Parbhani, situated at a distance of more than 140 kilometers from the place of her residence. It is her case that she has no source of income and she is not in a position to spend on

2 MCA 8 of 2015 conveyance and attendant. It is her case that she will have to take break journey for going to Parbhani as she has to go to other station for catching the bus for Parbhani. It is her case that she has filed proceeding for maintenance and other proceedings against the husband in the Court from Lonar and in any case the husband will be required to come to Lonar for contesting those matters and the distance between her place of residence and Lonar is 20 kilometers and care can be taken to see that all the matters are kept on the same date so that no inconvenience is caused to the husband.

3) Care of convenience both the sides can be taken by transferring all the matters pending in Lonar Court to the Court from Mehakar and for that the husband can take such steps so that all the matters are kept in the Courts from Mehakar on the same date.

4) In view of the aforesaid circumstances this Court holds that the application needs to be allowed. The application is allowed. Hindu Marriage Petition No.163/2014 presently pending in the Court of the Civil

3 MCA 8 of 2015 Judge, Senior Division, Parbhani is hereby withdrawn from that Court and is transferred to the Court of the Civil Judge, Senior Division, Mehakar (Link Court). The new Court to take care and see that the date of the present matter matches with the dates given by Lonar Court in the maintenance proceeding and other matters filed at the instance of both the sides. The parties to appear before the new Court on 2nd September 2016. The new Court to expeditiously dispose of the present proceeding within four months from the date of the receipt of the record from the previous Court.

Sd/- (T.V. NALAWADE, J. ) rsl