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Bombay High CourtMCA/37/2020application allowed

Pournima Sunil Honkalase v. Sunil Chandrakant Honkalase

2022-08-26Hon'Ble Shri Justice M. G. Sewlikar2 pages

( 1 ) 978 mca 37.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 978 MISC. CIVIL APPLICATION NO.37 OF 2020 POURNIMA SUNIL HONKALASE

VERSUS

SUNIL CHANDRAKANT HONKALASE ...

Advocate for Applicant : Mr. Pandit S.M. & Anjali S. Pandit. ...

CORAM : M.G. SEWLIKAR, J.

DATE : 26th August, 2022 P.C.:- Heard.

2.

Notice was issued to the respondent. Despite service of notice he did not cause his appearance. Therefore, notice was again issued to him for final disposal of the application, despite service of notice this time also he did not cause his appearance.

3.

Petitioner and the respondent got married on 25th May, 2017. The respondent filed H.M.P. No.A-242/2018 in the Court of C.J.S.D., Baramati under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 for divorce at Baramati. The petitioner is seeking transfer of proceedings to Sangamner, District Ahmednagar.

( 2 ) 978 mca 37.20 4.

Learned counsel for the petitioner submits that the distance between Sangamner and Baramati is close to 350 kms. Parents of the petitioner are old aged and they cannot accompany her to Baramati on each and every date. He submits that it will not be possible for the petitioner to travel all alone from Sangamner to Baramati for attending the dates in the marriage petition. He, therefore, seeks transfer of petition from the Court of C.J.S.D., Baramati to the Court of C.J.S.D., Sangamner. Respondent has not appeared. Coming to the facts raised in the petition, it is evident that the distance between Baramati and Sangamner is close to 350 kms and it will not be possible for the wife to attend the Court at Baramati on each and every date. Therefore, I deem it appropriate to transfer the H.M.P. No. A-242/2018 from the Court of C.J.S.D., Baramati to the Court of C.J.S.D., Sangamner. Hence the following order is passed:

ORDER:

I) H.M.P. No. A-242/2018 is withdrawn from the file of C.J.S.D., Baramati and is transferred to the Court of C.J.S.D., Sangamner for disposal according to law.

II) Application is disposed of.

[M.G. SEWLIKAR, J.] mub