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Bombay High CourtMCA/926/2014admittedallwdgrantedrule absolute

Smt. Vasundhara W/O Sanjay Howal v. Shri Sanjay S/O Baburao Howal

2015-12-05Hon'Ble Shri Justice Z.A. Haq2 pages

0512mca926.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR.) NO. 926 OF 2014 (Smt. Vasundhara w/o Sanjay Howal vs. Shri Sanjay s/o Baburao Howal) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : Z. A. HAQ, J.

DECEMBER 05, 2015.

Heard Shri M.P. Kariya, Advocate for the applicant - wife. None appears for the non-applicant - husband, though notice is served.

The applicant has filed this application, praying that the Marriage Petition No. 96 of 2014 filed by the non-applicant and pending before the 4th Civil Judge, Senior Division, Thane, be transferred to the Civil Judge, Senior Division, Wardha.

The reasons on which the transfer of the proceedings sought, are given in paragraph 12 of the application, which reads as follows :

"It is submitted that, being the lady having two children, it is very difficult for her to attend the Court at Thane. For attending the Court at Thane, the applicant is suppose to travel more than 800 k.m. from Wardha and it is very difficult to travel with kids. Moreover, it requires two night and one day and it is not possible for her as nobody is resided at Bombay. Moreover, the parent of the applicant is old aged person and it is not possible for them to come with the applicant at Thane. Therefore, it is not possible for the applicant to attend the Court at Thane."

The non-applicant has not controverted the

0512mca926.14 contentions of the applicant.

Accepting the submissions made on behalf of the applicant, the following order is passed : Marriage Petition No. 96 of 2014 filed by the non-applicant and pending before the 4th Civil Judge, Senior Division, Thane, is transferred to the Civil Judge, Senior Division, Wardha.

Rule is made absolute in above terms. In the circumstances, the parties to bear their own costs. JUDGE *GS.