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Bombay High CourtMCA/292/2021allowed

Kiran Sagar Rongare v. Sagar Maniksingh Rongare

2021-09-01Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

36MCA 292.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC.CIVIL APPLICATION (MCA) NO. 292 OF 2021 (Kiran Sagar Rongare, Amravati Vs. Sagar Maniksingh Rongare, Pune) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri S.B. Gandhe, Advocate for the applicant. CORAM : PUSHPA V. GANEDIWALA, J.

SEPTEMBER 01, 2021.

Heard.

2.

This is an application filed by the applicant/ wife under Section 24 of the Code of Civil Procedure, 1908 for transfer of Hindu Marriage Petition No. 461/2020 which is pending on the file of 9th Joint Civil Judge Senior Division and Addl. C.J.M., Pune to the Family Court, Amravati.

3.

Transfer is sought on the ground that the applicant/ wife is suffering from cancer for which she is taking treatment at Amravati. That in the year 2015, she was operated for the said deceased. It is stated that the respondent/ husband has filed a divorce petition before the Court at Pune and the said petition is fixed for appearance of the present applicant. It is further stated that the distance between the two cities is around 600 kilometers. That she has no source of income and she is staying at the mercy of her parents at Amravati. It is further stated that she has initiated proceedings under the

36MCA 292.2021 provisions of the Protection of Women from Domestic Violence Act, 2005 before the Court at C.J.M., Amravati bearing No. PWDVA No. 166/2020 and the respondent/ husband is appearing in the said proceedings.

4.

The respondent/ husband, despite due service, preferred not to appear before this Court. It appears that he does not have any objection if the aforesaid proceedings (H.M.P. No. 461/2020) are transferred to the Court at Amravati.

5.

Considering the aforesaid facts, I am satisfied that the ground for transfer of the aforesaid proceedings is made out. Hence, the following order :

ORDER

i.

Civil Application is allowed.

ii.

Hindu Marriage Petition No. 461/2020 which is pending on the file of 9th Joint Civil Judge Senior Division and Addl. C.J.M., Pune is withdrawn and transferred to the Family Court, Amravati. 6.

Civil Application stands disposed of. No costs.

JUDGE Sumit