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Bombay High CourtMCA/53/2024allowed

Sau. Gayatri @ Raksha W/O Rahul Sawarkar v. Shri Rahul @ Ram Keshavrao Sawarkar

2024-08-23Hon'Ble Shri Justice G. A. Sanap3 pages

2024:BHC-NAG:9682 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (TR.) NO.53 OF 2024 Sau. Gayatri @ Raksha w/o Rahul Sawarkar (Vs.) Shri Rahul @ Ram Keshavrao Sawarkar ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. T.T. Mirza, Advocate h/f Ms Shilpa O. Tapdiya, Advocate for applicant. CORAM : G.A. SANAP, J.

DATE : 23.08.2024 Heard learned Advocate for the applicant.

2.

This is an application for transfer of Petition No.A-209/2023 pending on the file of Principal Judge, Family Court at Amravati to the Family Court at Chandrapur.

3.

It is stated that the applicant is residing at Chandrapur with her parents. She is not doing

2/3 service. The non-applicant is doing service. She is finding it very difficult to attend the Court at Amravati. The husband has not made provision for her maintenance. She cannot alone travel from Chandrapur to Nagpur. It is submitted that therefore, the case pending in the Family Court at Amravati be transfer to the Family Court at Chandrapur.

4.

The non-applicant despite service has failed to appear before this Court. The service affidavit with the track report shows that the notice has been delivered by the postman to the nonapplicant. The non-applicant has not appeared before this Court despite service. The statements made in the application have gone unchallenged and un-controverted.

5.

In view of the facts stated in the application, I am satisfied that case is made out for transfer. Accordingly, the application deserves to be allowed. Hence, the following order:-

3/3

ORDER

i) The application is allowed.

ii) Petition No.A-209/2023 pending on the file of Principal Judge, Family Court Amravati be transferred to the Family Court at Chandrapur. iii) The application stands disposed of in the aforesaid terms. No order as to costs.

JUDGE manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 29/08/2024 17:34:33