Jyoti Gajanan Dhage v. Gajanan Panduranga Dhage

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 977 MISCELLANEOUS CIVIL APPLICATION NO. 19 OF 2023 Jyoti Gajanan Dhage, Age : 35 years, Occ. : Household, C/o. : Dinkar Raosaheb Bhosle, R/o. : near Potdar School, Chandandham, Ro-house No. 10, Latur, Tq. & Dist. Latur ... APPLICANT

VERSUS

Gajanan Pandurang Dhage, Age : 43 years, Occ. : Pvt. Veterinary Service, R/o. : behind old Bus Stand, Ramput Road, Degloor, Tq. Degloor, Dist. Nanded ... RESPONDENT ...

Mr. P.P. More - Advocate for Applicant Mr. I.K. Wagh h/f. Mr. M.S. Bhosale - Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 22nd June, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant - wife is seeking transfer of Hindu Marriage Petition No. 57 of 2022 filed by respondent - husband for getting divorce from the Court of Civil Judge Senior Division, Biloli, Dist. Nanded to Family Court, Latur. 1/3

3.

According to the applicant - wife, she is not having any independent source of income. Moreover, she is maintaining one small daughter without any financial support from the respondent. She has also filed two proceedings one under P.W.D.V. Act and other under Section 18 and 20 of Hindu Maintenance and Adoption Act at Latur wherein the respondent - husband has already appeared.

4.

The learned Counsel for the respondent- husband strongly opposed the application on the ground that, distance between Latur and Nanded is around 180 Kilometers and on payment of conveyance charges the applicant - wife can attend the dates at Biloli, Dist. Nanded. However, as per the recent view the convenience of the wife is to be seen ahead of the convenience of the respondent - husband. Moreover, the husband has already appeared in the proceedings filed by the applicant - wife at Latur. In view of the same, following order is passed :

ORDER

(i) The application is hereby allowed.

(ii) Hindu Marriage Petition No. 57 of 2022 2/3

pending in the Court of Civil Judge Senior Division, Biloli, Dist. Nanded, is transferred to Family Court, Latur for its disposal according to law.

(iii) The respondent is directed to appear before the Family Court, Latur on or before 15th July, 2023.

(iv) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE 3/3