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Bombay High CourtMCA/375/2024allowed

Mrs. Ashwini Sudhir Dangade @ Ashwini Bhagwan Dhotre v. Mr. Sudhir Shyam Dangade

2024-08-16Hon'Ble Shri Justice Milind N. Jadhav3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 375 OF 2024 Mrs. Ashwini Sudhir Dangade @ Ashwini Bhagwan Dhotre ...Applicant

Versus

Mr. Sudhir Shyam Dangade

...Respondent

....

Mr. Sachin M. Bhavar, Advocate for the Applicant. ....

CORAM : MILIND N. JADHAV, J.

DATE : 16th AUGUST, 2024.

P.C.

:

1.

The Applicant has filed the present application seeking transfer of the marriage petition from the Family Court Thane at Belapur to Civil Judge Senior Division at Baramati, where she is residing with her family.

2.

Mr. Bhavar, learned Advocate for the Applicant would submit the Applicant has filed a Domestic Violence proceedings at Indapur which is pending. That apart he would submit that the witnesses of the Applicant who would be required to depose in witness action in the marriage petition are all residing around by SUNNY ANKUSHRAO THOTE Date:

2024.08.16 19:28:46 +0530 SUNNY ANKUSHRAO THOTE Baramati. Another aspect, he has drawn my attention is that Applicant does not have any resource of residing in Belapur.

3.

That apart, the learned Advocate for the Applicant would submit that the Applicant is also suffering from a serious medical issue and he has presented certain papers across the bar. The Applicant is directed to place the same on record on affidavit on/or before the next date.

4.

The Family Court at Belapur hearing Petition (A) No.495 of 2024 is directed by this Court to defer the proceedings to be heard by the Court tomorrow, so as to allow this Court to determine the present application on the next adjourned date. The Applicant need not remain present before the Family Court tomorrow. A copy of this order shall be placed by the Advocate for the Applicant before the Family Court at Belapur. 5.

Issue notice to the Respondent made returnable on 23rd August, 2024. Humdast permitted.

6.

In addition to Court's notice, Applicant is directed to serve copy of the application along with copy of this order on the Respondent and inform about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date. 7.

Respondent shall take cognizance of this order and the

application and file his objection before the next date, failing which this Court shall determine the application in accordance with law. (MILIND N. JADHAV, J.)