Sou.Pratiksha @ Rani W/O Ajay Waghmare v. Ajay S/O Gorakhnath Waghmare

2024:BHC-AUG:414 358.23MCA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 MISC. CIVIL APPLICATION NO. 358 OF 2023 SOU.PRATIKSHA @ RANI W/O AJAY WAGHMARE

VERSUS

AJAY S/O GORAKHNATH WAGHMARE ...

Advocate for Applicant : Mr.R.S.Kasar ...

CORAM :ARUN R. PEDNEKER, J.

DATE :08.01.2024 P.C. :

1] The respondent in the matter is served.

2] It is the case of the applicant that the present application is filed to transfer the proceedings i.e. Petition No.A-103 of 2023 filed by the respondent husband from Family Court, Jalna to the Family Court at Aurangabad. It is the case of the applicant that the marriage between the applicant and respondent was solemnized on 26.07.2020. The applicant had delivered female baby on 29.08.2021. On account of certain disputes, on 25.05.2021, the applicant returned to her parental house. The applicant has no independent source of income to maintain herself and her

358.23MCA child. It is the contention of the applicant that the respondent husband has filed Marriage Petition No.A-103 of 2023 before the Family Court at Jalna under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 for the dissolution of marriage and for decree of divorce. The applicant has small child of 2 years, born on 29th August, 2021. The respondent is running a shop and is also well educated. It is difficult for the applicant to attend the proceedings at Jalna as she has a small child. Considering the said fact, the proceedings i.e. Petition No.A1-03 of 2023 pending before the Family Court at Jalna may be transferred at Family Court at Aurangabad. 3] In view of the submissions made, Petition No.A103 of 2023 pending before the Family Court at Jalna is transferred to the Family Court at Aurangabad. Misc. Civil Application is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC