Bharati Pramod Gund v. Pramod Arjun Gund

262.19mca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.262 OF 2019 BHARATI PRAMOD GUND

VERSUS

PRAMOD ARJUN GUND ...

Mr V. G. Kodale, Advocate for applicant CORAM : SMT. BHARATI DANGRE, J.

DATE : 1st February, 2022 PER COURT:

1.

Heard the learned Counsel for the applicant. None for the respondent though a notice for final disposal is served upon him. 2.

On 09/12/2019, this Court was pleased to adjourn the proceedings in Marriage Petition No.1308/2019, filed by the respondent/husband in the Court of Civil Judge Senior Division, Pune, seeking dissolution of marriage.

3.

The applicant is the wife, who seeks transfer of said proceedings filed by the husband to the Court at Latur, where she is residing with her two minor daughters, who at the relevant time of filing of the application were of 5 years and 1 year old, respectively. The applicant plead that in order to attend the

262.19mca (2) proceedings in Pune she is expected to travel approximately 350 kms. one way with the two minor daughters accompanying her and this causes great inconvenience to her. Apart from this, source of income is also one major issue, as it is her submission that with a great difficulty, she is managing her survival and also survival of her two daughters.

4.

Since the claim in the application is not contested by the respondent, I am inclined to grant application by directing transfer the Marriage Petition No.1308/2019, pending in the Court of Civil Judge Senior Division, Pune to the Court of Civil Judge Senior Division, Latur. The proceedings are pending since 2019 and came to be stayed by this Court on 09/12/2019. The learned Civil Judge Senior Division, Latur, upon transfer of the proceedings to Latur, shall make every endeavour to dispose of the same it within a period of one year.

The Misc. Civil Application is allowed in the aforesaid terms.

(SMT. BHARATI DANGRE, J.) sjk