Rupali Aniket Ingale v. Aniket Anand Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 MISC. CIVIL APPLICATION NO. 1 OF 2024 RUPALI ANIKET INGALE

VERSUS

ANIKET ANAND INGALE ...

Advocate for the applicant : Mr. Amol T. Jagtap Advocate for Respondent : Mr. Ashutosh S. Kulkarni ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 15.10.2024 P.C. :

1] By the present application, the applicant seeks transfer of Marriage Petition A-No.656/2023 from the Family Court at Pune to the Family Court at Osmanabad. 2] The learned counsel for the applicant submits that the marriage between the applicant and respondent was solemnized on 27.05.2018 and one child is born out of the said wedlock. The applicant has custody of the child. The learned counsel further submits that due to matrimonial dispute, the applicant along with child is residing with her parents and that the applicant has no independent source of income. The applicant has initiated PWDVA proceedings before the Judicial Magistrate First Class, Osmanabad and the respondent-husband has

appeared in the said proceedings. The learned counsel further submits that the respondent-husband has initiated Marriage Petition No. 656/2023 before the Family Court at Pune. The learned counsel further submits that it would be difficult for the applicant to conduct the proceedings at Pune as the applicant has no source of income, whereas the respondent-husband can conduct the proceedings initiated by him at Osmanabad. The respondent-husband is already attending the proceedings at Osmanabad.

3] Considering the submissions of the learned counsel for the applicant and there is no strong contrary reasons given by the respondent-husband, the present Misc. Civil Application is allowed in terms of prayer clause-B. 4] However, on such transfer, it is directed that the applicant-wife would seek common dates in all the proceedings before the Court at Osmanabad and the applicant will not take unnecessary adjournments in the matter without informing the husband well in advance so as to avoid inconvenience to the respondent husband. 5] The Family Court at Osmanabad is directed to give one more opportunity to the parties and to refer the parties for mediation.

6] With the above observations, the Misc. Civil Application is disposed of.

[ARUN R. PEDNEKER] JUDGE DDC