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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO. 150 OF 2018
VARSHA ROHIT BORAWADE
VERSUS
ROHIT SAHADEO BORAWADE
Advocate for Applicant : Mr. S.G. Kawade.
CORAM : RAVINDRA V. GHUGE, J.
Dated : 25th September, 2018. PER COURT :
1. The applicant prays for transferring Marriage Petition No. 578/2018, from the Court of the learned Joint Civil Judge, Senior Division, (24th Court) in Pune, to the Court of the Joint Civil Judge, Senior Division, Beed. The said petition has filed by the respondent/husband.
2. It is submitted that in less than two years of the marriage of the applicant on 23/01/2014, she was driven out of her marital home pursuant to a demand for dowry and after being ill treated and harassed by the husband and his family members. She has preferred a complaint to the Women's Grievance Redressal Cell in the office of Superintendent of Police, Beed, on 06/06/2017. She has filed a complaint bearing No. 303/2017, under Section 498-A, ::: Uploaded on - 28/09/2018 ::: Downloaded on - 30/09/2018 00:28:59 ::: 2 323, 504 read with 34 of the Indian Penal Code, at the Shivaji Nagar, Police Station, Beed,on 14/09/2017. She has also initiated Miscellaneous Criminal Application No. 1342/2017, under Section 125 of Code of Criminal Procedure and has also filed Miscellaneous Criminal Application No. 1390/2017, under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The respondent/husband attends these two Court proceedings in Beed.
3. The applicant is 21 years of age. An adult member of the family has to accompany her for attending the Court proceedings at Pune, which requires an over night journey. Reliance is placed upon the following judgments in support of the prayer for transferring the proceedings :
1. Sumita Singh Vs. Kumar Sanjay and another[2001(10) SCC 41]
2. Mona Aresh Goel Vs. Aresh Satya Goel [2000 (9) SCC 255]
3. Ravinder Kaur Vs. Hitinder Singh [AIR 2000 SC 2403 (2)]
4. Renu Gautam Vs. Vinod Gautam [AIR 2000 SC 3405 (1)]
5. Shila Nitin Rajure Alis Shila Devarao Vatwale Vs. Nitin Marotiappa Rajure [Order dated 09/01/2018 passed by this Court in MCA No. 184/2017].
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4. Issue notice to the respondents, returnable on 30/10/2018. Until the returnable date, the concerned Court shall adjourn Marriage Petition No. 578/2018.
5. Copy of the application paper book shall be supplied for issuance of notice on/or before 03/10/2018, failing which this application shall stand rejected without reference to the Court on 04/10/2018.
( RAVINDRA V. GHUGE, J. ) S.P.C.
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