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Bombay High CourtMCA/390/2023disposed off

Sau. Gauri Jaydeep Deshmukh v. Jaydeep Satish Deshmukh

2024-01-18Hon'Ble Shri Justice Arun R. Pedneker3 pages

2024:BHC-AUG:1611

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 991 MISC. CIVIL APPLICATION NO. 390 OF 2023 SAU. GAURI JAYDEEP DESHMUKH

VERSUS

JAYDEEP SATISH DESHMUKH ...

Advocate for the applicant : Adv. S.P.Tiwari Advocate for Respondent : Adv. H.D.Deshmukh ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18.01.2024 P.C. :

1] The present application is filed by the applicant - wife seeking transfer of the H.M.P.No. 414 of 2022 from the Civil Judge Senior Division, Sangamner, District Ahmednagar to Family Court at Jalgaon.

2] It is the case of the applicant - wife that the marriage between the applicant and respondent was solemnized on 21.11.2021 and that on account of harassment, the applicant - wife is now residing with her parents at Jalgaon. The applicant - wife is unemployed. The applicant has no source of income. The respondent husband initiated the proceedings i.e. HMP No.414 of 2022 before the Court at Sangamner. It is further the case of the applicant that it is difficult of the applicant to attend the HMP No.414 of 222 pending before the Civil Judge Senior

Division, Samgamner. The respondent is a Law Graduate. The respondent is in a position to attend the proceedings at Jalgaon. Considering the said facts, the present application may be allowed.

3] The learned counsel for the respondent has opposed the application and further contended that if the proceedings are transferred then the proceedings pending before the Jalgaon Court and the H.M.P. No.414 of 2022 be conducted as far as possible on the same dates and the applicant should not take unnecessary adjournment in the matter.

4] Considering the submissions made, the present Misc. Civil Application is allowed in terms of prayer clauseB, which reads as under : B.

By allowing this Misc. Civil Application, the H.M.P.No.414/2022 pending before the learned Civil Judge Senior Division, Sangamner may kindly be directed to be transferred to the Family Court, Jalgaon.

5] The learned counsel for the applicant assures this Court that no unnecessary prayer would be made for adjournment before the Family Court at Jalgaon and if the applicant requests to adjourn the proceedings at Jalgaon, applicant would inform the respondent in advance.

6] Misc. Civil Application is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC