Mrs. Kiran Sachin Pawar v. Sachin Harichand Pawar And Anothers

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [MCA] NO.26 OF 2017 (Mrs. Kiran Sachin Pawar vs.

Sachin Harishchandra Pawar) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Barun Kumar, Advocate for the Applicant. Shri J.H. Kothari, Advocate for the Non-Applicant.

CORAM

: P.N. DESHMUKH, J.

DATE : 23 rd NOVEMBER, 2017.

Heard the learned Counsel for the parties.

Prayer in this application is to transfer Application No.219/2016 filed by the non-applicant under Section 9 of the Hindu Marriage Act pending before the Family Court, Aurangabad to the Court of Civil Judge Senior Division, Akola.

During the course of arguments, learned Counsel for both the sides had admitted that the applicant had initiated proceedings under Section 125 of the Code of Criminal Procedure as well as under the provisions of the Protection of Women from Domestic Violence Act, 2005 and also under Section 498 of the Indian Penal Code against the non-applicant, and are all pending before the competent Court at Patur, which is at the distance of 30 kms from Akola. It is further not disputed that the non-applicant is served

2/3 with the notices in aforesaid proceedings and is attending the same.

Having considering the above admitted facts, they themselves are found to be convenient to both sides inasmuch as, if the proceedings initiated by the non-applicant, pending on the file of Family Court, Aurangabad are transferred to the Court of Civil Judge Senior Division, Akola, as the non-applicant is even otherwise required to attend other proceedings initiated by the applicant-wife against him by attending the Court at Partur, which is at a distance of 30 kms. from Akola, the non-applicant can conveniently attend the Court at Akola after attending the Court at Patur.

In view of the facts, as aforesaid, the application is disposed of by passing a suitable order as follows :

I.

Civil Application No.26/2017 is disposed of as allowed.

II.

Application No.219/2016 filed by the nonapplicant pending on the file of Family Court, Aurangabad stands transferred on the file of Civil Judge Senior Division, Akola. III.

The learned Court, who is ceased with

3/3 applications bearing M.C.A. No.113/2016 under Section 125 of the Code of Criminal Procedure, Criminal Application No.09/2016 under the Protection of Women from Domestic Violence Act and R.C.C.

No.138/2016 under Sections 498-A & 323 of the Indian Penal Code, shall as far as possible fix the date in above said proceedings on the same day on which the proceedings initiated by the non-applicant by filing application under Section 9 of the Hindu Marraige Act are pending before the Court of Civil Judge Senior Division, Akola.

IV. Further the learned Court of Civil Judge Senior Division Akola shall as far as possible fix hearing in the application filed by the non-application for restitution of conjugal right in the second half of the working day so that the non-applicant in the first session can attend the proceedings before the Court at Patur.

V.

Civil application is disposed of in the above terms with no order as to costs.

JUDGE *sdw