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Bombay High CourtMCA/198/2022ca disposed off

Sau. Sonali W/O Mangesh Malkapur v. Mangesh S/O Dattatray Malkapure

2022-06-30Hon'Ble Smt. Justice M. S. Jawalkar2 pages

25 mca 198-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO.198/2022 Sau. Sonali W/o Mangesh Malkapure Vs.

Mangesh S/o Dattatray Malkapure - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri P.S. Kadam, Advocate for applicant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 30/06/2022 Present application is filed by applicant-wife for transfer of H.M.P. No. 100/2021 pending on the file of Civil Judge, Senior Division, Yavatmal to Civil Judge, Senior Division, Wardha.

2.

It is the case of the applicant that applicant is legally wedded wife of the respondent. The marriage between the applicant and the non-applicant solemnized on 04/05/2021 at Godegaon, Post Alipur in Wardha District. Out of the said wedlock, applicant is pregnant and is carrying three months of pregnancy. The non-applicant filed marriage petition at Yavatmal. He is residing at Kalamb.

3.

In view of the condition, it would be difficult for applicant to attend the proceeding at Yavatmal. The distance between her village to Wardha is 15 Kms and as she is taking

25 mca 198-2022.odt treatment at Wardha, she can attend Wardha Court, if proceeding would be transferred to Wardha. There is no escort with her to attend the proceeding at Yavatmal. 4.

Considering the fact that the statement made by the applicant has gone uncontroverted as no appearance by nonapplicant in spite of service. 5.

For the reasons stated in the application, the application is allowed. The Judge Family Court is requested to withdraw the proceeding from Civil Judge, Senior Division, Yavatmal and transfer the same to the file of Civil Judge, Senior Division, Wardha.

6.

The application is disposed of accordingly.

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

Signed By:JAYASHREE SHARAD SHINGNE