Sau. Nivedita W/O Nitin Nangare v. Shri Nitin S/O Rangrao Nangare

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO. 10/2021 Sau. Nivedita W/o Nitin Nangare Vs.

Shri. Nitin S/o Rangrao Nangare - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - Shri N.S. Giripunje, Advocate for applicant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 14/12/2023 Heard learned Counsel for the applicant.

2.

In spite of service of notice and engagement of another Counsel, no fresh Vakalatnama is filed by respondent, as such matter is taken up for hearing and order.

3.

The applicant is legally wedded wife of respondent. Their marriage was solemnized on 26/12/2012, at Karad. It is alleged that due to mental and physical harassment she is residing at her parents house at

Nagpur. She has filed petition under Section 125 of the Hindu Marriage Act, on 18/10/2019, for grant of maintenance bearing petition No. E-562/2019, before Family Court No.4 at Nagpur. She has also filed petition under Section 9 of the Hindu Marriage Act bearing No. A426/2020 on 07/02/2020, it is pending on the file of Family Court No.4 at Nagpur.

4.

With an intention to harass the applicant, respondent has filed petition under Section 13(1)(1a) of the Hindu Marriage Act bearing H.M.P. No. 331/2019, in the month of November, 2019.

5.

It is submitted that the distance between Nagpur to Karad is around 850 Km. Considering the pending litigation at Nagpur and difficulty, the applicant would require to face in attending the dates at Karad, I am satisfied that application needs to be transferred from Karad to Nagpur. Accordingly, I proceed to pass the following order :

O R D E R

(i) The application is allowed.

ii) The pending proceeding i.e. H.M.P. No.331/2019, filed by Nitin Nangare Pending on the file of Civil Judge Senior Division, Karad, District - Satara, is hereby withdrawn and transferred to Judge, Family Court No.4 at Nagpur.

iii) The learned Principal Judge, Satara, is hereby requested to facilitate the transfer.

The application stands disposed of.

(SMT. M.S. JAWALKAR, J.)