Chetana Prabhat Mhasane v. Prabhat Dattatray Mhasane
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 982 MISCELLANEOUS CIVIL APPLICATION NO. 6 OF 2023 CHETANA PRABHAT MHASANE
VERSUS
PRABHAT DATTATRAY MHASANE ...
Ms. M.V. Narwade - Advocate for Applicant Mr. A.S. Gandhi - Advocate for Respondent ....
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 16th June, 2023 PER COURT :
1.
Heard rival submissions 2.
The applicant - wife is seeking transfer of Hindu Marriage Petition No.12 of 2020 filed by respondent - husband for getting divorce to the Family Court, Ahmednagar from the Court of Civil Judge Senior Division, Rahata, Dist. Ahmednagar.
3.
According to the applicant-wife, she is not having any independent source of income and she is maintaining one minor son out of two sons at Ahmednagar. The Family Court, 1/3
Ahmednagar has already passed order granting maintenance to herself and her son and at present recovery proceeding is going on against the respondent - husband at the said Family Court wherein he has already appeared.
4.
Learned Counsel for respondent - husband strongly oppose the application on the ground that, considering the short distance between Ahmednagar and Rahata, Dist. Ahmednagar, the applicant - wife can be directed to attend the dates at Rahata, Dist. Ahmednagar on paying conveyance charges.
5.
However, it is significant to note that the respondent - husband is already attending the dates at Family Court, Ahmednagar and therefore, considering the convenience of the applicant - wife following order is passed :-
ORDER
(i) The application is hereby allowed.
(ii) Hindu Marriage Petition No. 12 of 2020 pending in the Court of Civil Judge Senior Division, Rahata, Dist. Ahmednagar is 2/3
transferred to the Family Court at Ahmednagar for disposal according to law.
(iii) The respondent is directed to appear before the Family Court, Ahemadnagar on or before 1st July, 2023. He will be at liberty to seek convenient dates for this petition as well as petition for recovery filed by the applicant - wife.
(iv) The application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE 3/3