Rupali Nilesh Sonawane v. Nilesh Sahebrao Sonawane

1 M.C.A. 180.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 2 MISC.CIVIL APPLICATION NO. 180 OF 2015 RUPALI NILESH SONAWANE

VERSUS

NILESH SAHEBRAO SONAWANE .....

Mr. N.R.Thorat h/f Mr. A.K.Tiwari, Advocate for Applicant.

Mr. S.S.Gangakhedkar, Advocate for Resp.

.....

CORAM : T.V.NALAWADE, J.

DATE : 8th JUNE, 2016 ORAL ORDER :- .

The application is filed by the wife - applicant for transfer of H.M.P. No. 362/2015, presently pending in the Court of the Civil Judge [Sr. Division], Dhule to the Court of the Civil Judge [Sr. Division], Khamgaon, district Dhule. Wife wants transfer on the ground that she has filed proceeding in the Court at Khamgaon and to avoid conflicting decision, it is desirable that both the matters are to be brought to one Court. Heard Both sides.

2.

Both the proceedings are filed under the provisions of the Hindu Marriage Act. Though the

2 M.C.A. 180.2015.odt husband had filed proceeding first in time, it is the case of the wife that she has no source of income. She is required to take care of child aged 4 years and she is facing all kinds of problems including financial problem to contest the matters.

3.

Learned counsel for the husband submitted that the husband is ready to give some amount for conveyance. Though the submission is made, things do not remain in control as nothing is certain and it can not be said as to how much time will be required to dispose of the matters. Further, in any case, husband is required to go to Khamgaon to attend the matter. Application is allowed. For avoiding conflicting decision and to bring 2 matters in one Court, H.M.P. No. 362/2015 is withdrawn from the Court of the Civil Judge [Sr. Division], Dhule and is transferred to the Court of the Civil Judge [Sr. Division], Khamgaon, where proceeding filed by the wife is pending. The parties to appear before the new Court on 08/07/2016.

[T.V.NALAWADE, J.] KNP/M.C.A. 180.2015.odt