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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
MISCELLANEOUS CIVIL APPLICATION NO.8 OF 2017
Savita w/o Krushna Kadam APPLICANT
Age - 21 years, Occ - Household
R/o C/o Kautikrao s/o Ganpat Chavan,
Kingaon, Taluka - Phulambri,
District - Aurangabad
VERSUS
Krushna s/o Shantaram Kadam, RESPONDENT
Age - 27 years, Occ - Agriculture
R/o Tasdindori, Taluka - Niphad
District - Nashik
.......
Mrs. Pooja V. Langhe, Advocate for the applicant Mr. P. R. Jadhav, Advocate for the respondent .......
[CORAM : SUNIL P. DESHMUKH, J.] DATE : 20th MARCH, 2017 ORAL JUDGMENT :
1. Rule. Rule made returnable forthwith and heard finally with consent of learned advocates for the parties.
2. This miscellaneous civil application has been moved by the applicant - wife seeking transfer of proceedings bearing Hindu Marriage Petition No.105 of 2016 filed by the respondent - husband seeking divorce, in the court of Civil Judge, Senior Division, Niphad, to a competent court at Aurangabad.
3. Learned advocate for the applicant submits that the
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proceedings bearing Hindu Marriage Petition No.92 of 2016 filed by the applicant in the court of Civil Judge, Senior Division, Aurangabad are for restitution of conjugal rights and have been pending for quite a while and the respondent is attending to those proceedings. It is contended that it is difficult for the applicant to attend to proceedings at Niphad, which is about 150 km away from Aurangabad, where she is presently residing. Further, it is difficult for the applicant to find escort on each date to travel to Niphad to attend to court proceedings. Apart from that, financial difficulties are being faced by her.
4. Learned advocate for the respondent tries to resist the request, however, he is not in a position to challenge veracity of that the respondent is attending to the proceedings initiated at the behest of the applicant at Aurangabad and about other difficulties expressed on behalf of the applicant.
5. In view of aforesaid, I deem it expedient to consider the request made under the miscellaneous civil application.
6. As such, the Miscellaneous Civil Application stands granted in terms of prayer clause "B" and is disposed of. Rule is made absolute in aforesaid terms.
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