Ashwini Govind Shinde vs Govind Angadrao Shinde

Citation : 2017 Latest Caselaw 925 Bom
Judgement Date : 21 March, 2017

Bombay High Court
Ashwini Govind Shinde vs Govind Angadrao Shinde on 21 March, 2017
Bench: S.P. Deshmukh
                                   1                   MCA - 191-2016


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 MISC. CIVIL APPLICATION NO. 191 OF 2016

Ashwini W/o. Govind Shinde,
Age : 25 years, Occ.: Household,
R/o : C/o Ramdas Makaji More,
Amba Sakhar Karkhana,
Tq. Ambajogai, Dist. Beed                           .. Applicant

     Vs.

Govind S/o Angadrao Shinde,
Age : 38 years, Occupation : Business,
R/o : C/o. Bhosale Plot No.15,
LS No. 141, Behind Rajewnkhede Marg,
Chatribag N-13, HUDCO,
Tq. & Dist. Aurangabad                              .. Respondent

                                  ----
Mr. Prashant Jadhav, Advocate for the applicant
Mr. Balaji Shinde, Advocate for the respondent
                                  ----

                                 CORAM : SUNIL P. DESHMUKH, J.

DATE : 21/03/2017 ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith.

2. Heard learned counsel for the parties finally, by consent.

3. This miscellaneous civil application has been moved by the applicant - wife, seeking transfer of proceeding bearing petition "A" no.182 of 2016, pending at Aurangabad, to a competent court at Ambajogai.

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2 MCA - 191-2016

4. Mr. Jadhav, learned counsel for the applicant submits that applicant is deserted by husband and has been residing with her uncle, who is an old aged person, at Ambajogai. It is difficult for the applicant to visit Aurangabad, which is about 250 km from Ambajogai. It is also difficult for her to ask on each occasion, to have escort, looking at her economical condition, and, as well as that of her uncle.

5. Aforesaid apart, learned counsel for the applicant states that two proceedings are pending at Ambejogai, cognizance of which has been taken by the concerned authorities, and, respondent is attending to those proceedings at Ambejogai. He, therefore, submits that in the fitness of things, it would be convenient to have the matter bearing petition "A" no. 182 of 2016, lodged by respondent at Aurangabad, transferred to a competent court at Ambajogai.

6. Mr. Shinde, learned counsel for the respondent, however, submits that the husband is ready to bear the expenses for to and fro travel of the applicant and economical reason may not be an appropriate reason for transfer.

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3 MCA - 191-2016

7. Looking at the two proceedings pending at Ambejogai, are attended to by the respondent, it would be expedient that proceedings pending in family court at Aurangabad, are transferred to Ambajogai, and, the dates in the proceedings at Ambajogai, be so arranged, as would be convenient to the respondent.

8. In the circumstances, miscellaneous civil application stands granted in terms of prayer clause (B) and is disposed of. It is expected that the dates in the proceedings pending against the respondent at Ambajogai, are so arranged, as would be convenient to the respondent, and, the proceedings may be taken up for expeditious disposal.

9. Rule made absolute accordingly.

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