Bombay High Court
Akshad S/O Dattatraya Kharat ... vs Dattatraya S/O Prabhakar Kharat on 26 February, 2016
Bench: S.P. Deshmukh
1 MCA-156.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
MISCELLANEOUS CIVIL APPLICATION NO. 156 OF 2015
1. Akshad s/o Dattatraya Kharat
Age - 9 Month, Occu. Nil,
Through natural guardian
Manjusha Dattatraya Kharat
Age - 24 years, Occu. Service
2. Manjusha w/o Dattatraya Kharat
Age - 24 years, Occu. Service,
C/o Leelabai Govindrao Jagdhne
H. No.311 MAHADA, Ram Nagar
Police Colony, Near hanuman Temple,
Dr. Shevale Hospital Area,
Ram Nagar, Tq. and Dist. Jalna ... APPLICANTS
VERSUS
Dattatraya S/o Prabhakar Kharat
Age - 29 years, Occu - Service
R/o Sinddhi Kalegaon,
Tq. and Dist. Jalna
At present Room no. B-11, Suyog,
Titwala Co-op. Housing Society,
2 floor, Sangoda Road, Tittwala (w),
Tq. Kalyan, Dist. Thane ... RESPONDENT
.....
Mr. Sachin Joshi h/f Mrs. Neeta S. Joshi, Advocate for applicants
Mr. M. P. Tripathi, Advocate for respondent
.....
CORAM : SUNIL P. DESHMUKH, J.
DATE : FEBRUARY 26, 2016
2 MCA-156.15
ORAL JUDGMENT :
1. Rule. Rule returnable forthwith. Heard finally by consent of
the parties.
2. There is no dispute on the facts that both the parties
originate from Jalna district and that applicants are presently
residing at Ramnagar in Jalna taluka.
3. Applicant
No.2-wife Manjusha had been employed as
Gramsevika long before she had married with the respondent. After
birth of the child Akshad, the original applicant before this court, it
appears that disputes have arisen between the husband and wife
and they have filed proceedings against each other. Respondent -
husband has initiated proceedings bearing Hindu Marriage Petition
No. 663 of 2015 for restitution of conjugal rights in the court of
Civil Judge, Senior Division, Kalyan. Thereafter, Proceeding has
been initiated by child Akshad bearing Miscellaneous Application
bearing No. 803 of 2015 for maintenance before the Chief Judicial
Magistrate, Jalna.
4. There is also no dispute that mother and child are residing in
Jalna taluka. It further appears that in the proceedings at Jalna the
respondent may have to appear and attend the same. In the
circumstances, it would be just and convenient that the
proceedings pending in Kalyan are transferred to the court at jalna.
3 MCA-156.15
5. At this stage, learned counsel appearing for respondent -
husband Mr. Tripathi requests that both the proceedings be decided
at Jalna as expeditiously as possible. He further requests that the
dates in the proceedings may be so arranged as would be
convenient to respondent - husband.
6. In view of aforesaid, miscellaneous civil application stands
allowed in terms of prayer clause (B). Rule is made absolute
accordingly.
7. The transferred proceedings as well as proceedings pending
at Jalna as referred to hereinabove be proceeded with as
expeditiously as possible and decided preferably within a period of
six months from the date of receipt of writ of this order. The dates
in the two proceedings be so arranged as would be convenient to
the respondent.
( SUNIL P. DESHMUKH, J. )
sms
***
