Dhanashree W/O. Rajesh Gechand v. Rajesh S/O Tulsi Gechand

1 35 mca 796-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR.) NO.796/2023 Dhanashree w/o Rajesh Gechand Vs.

Rajesh s/o Tulsi Gechand - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Mudgale, Advocate for applicant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

13/12/ Heard learned Counsel for the applicant.

2.

In spite of service and in spite of granting opportunity, none for the non-applicant.

3.

The present application is filed by applicant for transfer of Hindu Marriage Petition No.44/2023 pending before the learned Civil Judge, Senior Division, Amalner, District Jalgaon to the learned Civil Judge, Senior Division, Mangrulpir, District Washim.

4.

The applicant is legally wedded wife of non-applicant. Their marriage came to be performed on 08/05/2014 at Shahapur, Tq. Mangrulpir, District Washim. Out of this wedlock,

2 35 mca 796-2023 they are blessed with a daughter on 13/03/2016 namely Arohi. Due to alleged some harassment and cruelty, she was constrained to leave her matrimonial house and filed application under Section 12 of the Protection of Women from Domestic Violence Act which is registered as 136/2017 before Judicial Magistrate First Class at Mangrulpir. The said complaint was partly allowed and non-applicant filed appeal which is pending at District Court, Mangrulpir.

5.

The distance between Amalner to Mangrulpir is around 315 km. The applicant is also having responsibility of her daughter aged about 7 years. In view of above, it appears that it is highly inconvenient for applicant to attend the proceedings pending at Civil Judge, Senior Division Amalner. In view thereof it would be appropriate to transfer the marriage proceeding pending before the Civil Judge, Senior Division Amalner, District Jalgaon to Civil Judge, Senior Division, Mangrulpir, District Washim.

Accordingly, I proceed to pass the following order:

O R D E R

i) The application is allowed.

3 35 mca 796-2023 ii) The pending proceeding i.e. H.M.

Petition No.44/2023 before the learned Civil Judge Senior Division, Amalner, District Jalgaon is hereby withdrawn and transferred to learned Civil Judge, Senior Division, Mangrulpir, District Washim.

iii) The learned Principal District Judge, Jalgaon is requested to facilitate the transfer. The application stands disposed of accordingly.

JUDGE R.S. Sahare