Citation : 2016 Latest Caselaw 5285 Bom
Judgement Date : 15 September, 2016
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drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
MISCELLANEOUS CIVIL APPLICATION NO.117 OF 2016
Sneha Gaurav Vajage APPLICANT
Age - 26 years, Occ - Household
R/o At present C/o Mr. Rajendra Suryaji Pawar
bajajnagar, Behind Swami Samarth Mandir
Aurangabad
VERSUS
Gaurav Shashikant Vajage RESPONDENT
Age - 28 years, Occ - Business,
R/o Shital Traders, Pune Nashik Road,
Narayangaon, Taluka - Junnar,
District - Pune
.......
Mr. Amol P. Ghule Patil, Advocate for the applicant .......
[CORAM : SUNIL P. DESHMUKH, J.]
DATE : 15th SEPTEMBER, 2016
ORAL JUDGMENT :
1. None for the respondent despite service of notice.
2. Rule. Rule made returnable forthwith and heard finally with
consent of learned advocate for the applicant.
3. Learned advocate for the applicant points out that
proceedings initiated at the instance of applicant-wife against
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respondent-husband are pending at Aurangabad, wherein the
respondent has put in his appearance and from his response to
the same, it could be realised that he had initiated certain
proceedings in the court of Civil Judge, Senior Division at Khed-
Rajgurunagar in Pune district. No notice, as yet, has been served
in respect of those proceedings on the present applicant.
However, having regard to that reference of the same has been
made in the response to the proceedings which are pending at
Aurangabad at the instance of the applicant, this application is
being moved seeking transfer of proceedings initiated by
respondent at Khed-Rajgurunagar.
4. It is contended that distance between Aurangabad and
Khed - Rajgurunagar is about 260 km. The applicant has no
source of income worth the name and already the respondent -
husband has been attending to proceedings at Aurangabad. As
such, it is requested that the proceedings which have been filed
by the respondent at Khed-Rajgurunagar be transferred to
Aurangabad.
5. There does not appear to be any resistance to the contents
of the application and contentions raised on behalf of the
applicant and non appearance of the respondent, to a large
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extent depicts tacit consent to the reliefs claimed under the
miscellaneous civil application.
6. In view of aforesaid, the Miscellaneous Civil Application
stands allowed. Proceedings bearing Hindu Marriage Petition
No.4 of 2016 pending in the court of Civil Judge, Senior Division,
Khed-Rajgurunagar, District - Pune be transferred to a court at
Aurangabad. Rule is made absolute in aforesaid terms.
Miscellaneous Civil Application stands disposed of.
[SUNIL P. DESHMUKH, J.]
drp/mca117-16
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