Bombay High CourtMCA/2/2016admittedallowedgrantedrule absolute

Revti Rajesh Taksalkar v. Rajesh Gangaram Taksalkar

2016-03-16Hon'Ble Shri Justice T.V. Nalawade3 pages

1 MCA 2 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 MISC.CIVIL APPLICATION NO. 2 OF 2016 REVTI RAJESH TAKSALKAR

VERSUS

RAJESH GANGARAM TAKSALKAR -------- Shri. Sudhir K. Chavan, Advocate, for applicant. Shri. K.B. Dhengle, Advocate, holding for Shri. S.J. Salunke, Advocate, for respondent.

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

DATE : 16th MARCH 2016 ORDER:

1) The application is filed for transfer of Hindu Marriage Petition No.199/2015 filed by the respondent husband for divorce from the Court at Jalna to the Court from Parbhani. Both the sides are heard.

2) It is the case of the wife that she is residing at Aarvi, District Parbhani and for every date she is required to travel the distance of more than 125 kilometers, to Jalna. It is her case that she has no source of income and she cannot afford to spend on travelling for herself and

2 MCA 2 of 2016 one attendant. It is her case that she may not be in a position to contest the matter filed against her effectively if the matter is kept in Jalna Court.

3) The husband has opposed the application. He has contended that the father of the wife had created some instances and had given threats to the husband and he may cause trouble to the husband if the matter is transferred and he may not be in a position to go to Parbhani due to family members of the wife.

4) The proceeding for divorce was filed in the year 2015. It is not certain as to how much time will be required to decide the matter. The wife has no source of income. The husband is having some agriculture land. This Court holds that to enable the wife to contest the matter effectively the matter needs to be transferred to Parbhani.

5) In the result, the application is allowed. The Hindu Marriage Petition No.199/2015 presently pending in the Court of the Civil Judge Senior Division Jalna is

3 MCA 2 of 2016 hereby withdrawn from that Court and is transferred to the Court of the Civil Judge, Senior Division Parbhani. The parties to appear before the new Court on 30th April 2016. The new Court is to expeditiously dispose of the matter and in any case within six months from the date of receipt of record from the previous Court.

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