Sau. Vandana W/O Rajendra Wayase vs Rajendra S/O Sharad Wayase
2016 Latest Caselaw 6934 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD




                                                     
            MISCELLANEOUS CIVIL APPLICATION NO.111 OF 2016


     Sau. Vandana W/o Rajendra Wayase




                                                    
     Age 32 years, Occ.Household
     C/of Balasaheb Gahinaji Pawar,
     G-5, Kakade Teres, Varaje Mawadi
     Pune 411058                                          ..APPLICANT




                                          
                                                     [ORIG.RESPONDENT]


              VERSUS
                             
                            
     Rajendra S/o Sharad Wayase
     Age 32 years, Occu-Agril,
     R/o Navnathnagar Adhorewadi,
     Tal.Shrigonda, Dist.Ahmednagar                        .. RESPONDENT
      

                                                        [ORIG.APPLICANT]
   



                                     ...
     Shri V.P.Narwade, Advocate for Applicant.
     Shri S.R.Zambare h/f N.V.Gaware, Adv for Respondent





                                     ...

                                   CORAM :    SUNIL P. DESHMUKH,J.

                                   DATED :     5TH DECEMBER, 2016





     ORAL JUDGMENT :


              Heard. Rule.         Rule made returnable forthwith.           With the

consent of the parties, Application is heard finally.

2] The counsel for the applicant draws attention to that the respondent for earning livelihood is occupied in Pune. Said fact

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though has been accepted yet it is contended on behalf of the

respondent that only by way of occupation respondent is in Pune. He has no intention to permanently reside in Pune. It is further

contended on behalf of the respondent that in retaliation to the proceeding for dissolution of marriage lodged at Shrigonda, the proceedings under the Domestic Violence Act have been initiated at

Pune by the applicant.

3] It appears that the respondent is attending to the proceeding

under Domestic Violence Act at Pune and is also occupied at Pune.

In these circumstances, although it is sought to be contended on behalf of the respondent that the transfer application has been filed

with a view to harass the respondent, since the respondent is in Pune and is attending to the proceeding lodged by applicant in Pune and having regard to the difficulties as have been expressed in the

application, I deem it expedient to transfer Hindu Marriage Petition No.4/2015 from Civil Judge, Senior Division, Shrigonda to Family

Court at Pune. As such, Hindu Marriage Petition No.4/2015 pending before Civil Judge, Senior Division, Shrigonda, Dist.Ahmednagar be

transferred to Family Court at Pune. To aforesaid extent, the Misc.Civil Application stands granted and it is disposed of accordingly. It is directed to Family Court, Pune to go on with the transfer proceeding as early as possible.

     4]       Rule is made absolute accordingly.




                                     (SUNIL P. DESHMUKH,J.)


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