Shubhangi Dayanand Waghmare v. Dayanand Sahebrao Waghmare

1 MCA 184/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Misc. Civil Application No. 184 of 2015 Shubhangi w/o Dayanand Waghmare. .. Applicant.

Versus

Dayanand S/o Sahebrao Waghmare.

.. Respondent.

-------- Shri. Majid Shaikh, Advocate, holding for Shri. Sachin S. Deshmukh, Advocate, for applicant.

-------- CORAM: T.V. NALAWADE, J.

DATE : 5th APRIL 2016 ORDER:

1) The application filed by the wife for transfer of Hindu Marriage Petition No.12/2015 presently pending in the Court of the Civil Judge Senior Division Majalgaon to the Court of Civil Judge Senior Division Gangakhed, District Parbhani. Notice was served on the respondent, husband but he has not turned up. Heard learned counsel for the applicant.

2 MCA 184/2015 2) It is the case of the wife that she has no source of income and she is facing all kinds of problems for attending the matter filed for divorce against her in Majalgaon Court. It is her case that distance between Gangakhed and Majalgaon is around 90 kilometers. It is her case that she has filed at least four proceedings in the Court from Gangakhed and in any case the husband will be required to come to Gangakhed to contest those matters. It is her case that no inconvenience will be caused to the husband if the proceeding from Majalgaon Court is transferred to the Court from Gangakhed. 3) In view of the aforesaid unrebutted contentions and submissions this Court holds that the application needs to be allowed.

4) In the result, the application is allowed. The Hindu Marriage Petition No.12/2015 is hereby withdrawn from the Court of the Civil Judge Senior Division Majalgaon and is transferred to the Court of the Civil Judge Senior Division Gangakhed, District Parbhani. The new Court to see and take care that the present matter

3 MCA 184/2015 and other matters are kept on the same date so that no inconvenience is caused to both the sides. The parties to appear before the new Court on 10th June 2016. The new Court is to take care and see that notice is issued to the husband after getting the record on Court motion and only after service of the husband in the proceeding, the proceeding is heard.

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