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Bombay High CourtMCA/297/2020allowed

Sau. Priyanka W/O Vinod Parbat v. Vinod S/O Gulabrao Parbat

2022-09-16Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 10.mca.297.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TRANSFER) NO.297 OF 2020 Sau. Priyanka w/o Vinod Parbat Vs.

Vinod s/o Gulabrao Parbat ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. R. Dhawad, Advocate for applicant.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/09/2022 1.

The office note indicates that the non-applicant has been served, however none appears. 2.

The application seeks transfer of the Hindu Marriage Petition No.87 of 2018 from the file of Civil Judge Senior Division, Warora to that of the Civil Judge Senior Division, Wardha, on the ground that the applicant-wife is a permanent resident of Wardha and is unable to travel the distance, which is stated to be around 90 to 100 Kms. Though, considering the distance, it may not be a criteria, however, in the instant matter, though the maintenance has been directed to be paid in D.V. proceedings instituted and decided at Wardha, the contention is that they have not been paid. So also, none appears on behalf of non-applicant to indicate any willingness to affray the expenses of the travel of the applicant along with a companion,

(2) 10.mca.297.2020 considering which, Hindu Marriage Petition No.87 of 2018 pending on the file of the learned Civil Judge Senior Division, Warora is hereby transferred to the file of the Civil Judge Senior Division, Wardha.

3.

The applicant through counsel shall appear before the learned Civil Judge Senior Division, Wardha on 26.9.2022 and place the copy of this order before the Court to apprise it of the same. Similarly, the applicant through counsel shall appear before the Civil Judge Senior Division, Warora on 23.9.2022 and place a copy of this order before the learned Court to apprise it of the same so as to the R & P could be transmitted to the Court of Civil Judge Senior Division, Wardha.

4.

The application is allowed. No costs.

JUDGE Sarkate SARKATE 18:32