Snehal Sumit Lodha vs Sumit Mohanlal Lodha
2017 Latest Caselaw 862 Bom

                                      {1}                           mca219-16

 drp
         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

      MISCELLANEOUS CIVIL APPLICATION NO.219 OF 2016

 Snehal Sumit Lodha                                              APPLICANT
 Age - 28 years, Occ - Nil
 R/o C/o Ashok Jawaharlal Nahata,
 2/2, Kalyani Nagar, Behind Dadawadi,
 Jalgaon, Taluka and District - Jalgaon

          VERSUS

 Sumit Mohanlal Lodha                                       RESPONDENT
 Age - 31 years Occ - Business
 R/o 56/8/9, Nakoda Hsg Society,
 Old Puna Naka, Solapur
 Taluka and District - Solapur

                            .......

Mr. Anand I. Deshmukh, Advocate for the applicant .......

[CORAM : SUNIL P. DESHMUKH, J.]

DATE : 20th MARCH, 2017

ORAL JUDGMENT :

1. None for the respondent.

2. Rule. Rule made returnable forthwith and heard learned

advocate for the applicant finally with consent.

3. This miscellaneous civil application has been preferred by

the applicant - wife seeking transfer of proceedings bearing

No.A179 of 2016 filed by respondent - husband seeking

{2} mca219-16

restitution of conjugal rights in the family court at Solapur, to a

competent court at Jalgaon.

4. Learned advocate submits that the respondent - husband

is a drunkard and has certain other vices and had ill-treated the

applicant. The applicant has been driven out of matrimonial

house along with child. The applicant has preferred proceedings

under Domestic Violence Act bearing D. V. Act Case No.136 of

2016 in the court of Chief Judicial Magistrate, Jalgaon. It is

submitted that the distance between Solapur, where the

proceedings have been initiated by respondent - husband for

restitution of conjugal rights and Jalgaon, where the applicant is

presently residing, is about 600 km and it is difficult for the

applicant to attend to the proceedings at Solpuar. She has to

maintain her three year old child born from the marital

relationship. Apart from that her parents are not in a position to

accompany her to Solapur. Their economic condition as well is

not good.

5. Despite service, none appears for the respondent. In

absence of the respondent, aforesaid contentions go

uncontroverted, which to a large extent show a tacit acceptance

of the request made under the miscellaneous civil application.

{3} mca219-16

6. As such, the Miscellaneous Civil Application stands granted

in terms of prayer clause "B" and is disposed of. Rule is made

absolute in aforesaid terms.

[SUNIL P. DESHMUKH, J.]

drp/mca219-16