Anuradha Amitsing Pardeshi And ... vs Amitsing Arunsing Pardeshi
2017 Latest Caselaw 863 Bom

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

      MISCELLANEOUS CIVIL APPLICATION NO.131 OF 2016

 1.       Anuradha Amitsing Pardeshi                                  APPLICANT
          Age - 32 years, Occ - Household

 2.       Aditya Amitsing Pardeshi,
          Age - 3 years,
          Under Guardianship of Mother
          Anuradha Amitsingh Pardeshi,

          Both R/o At post Kesarjawalga,
          Taluka - Omerga, District - Osmanabad

          VERSUS

 Amitsing Arunsing Pardeshi                                      RESPONDENT
 Age - 35 years, Occ - Service, Agriculture
 R/o Nath Chowk, Gandhi Road,
 Pandharpur, Taluka - Pandharpur
 District - Solapur

                              .......

Mr. Ameya Sabnis h/f Miss Rashmi Gour, Advocate for applicants .......

[CORAM : SUNIL P. DESHMUKH, J.]

DATE : 20th MARCH, 2017

ORAL JUDGMENT :

1. None for the respondent despite service.

2. Rule. Rule made returnable forthwith and heard learned

advocate for the applicant finally with consent.

 3.       This     miscellaneous   civil   application    has     been       moved





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seeking transfer of proceedings bearing Hindu Marriage Petition

No.138 of 2014 filed by respondent - husband for dissolution of

marriage in the court of Civil Judge, Senior Division, Pandharpur,

to a competent court at Omerga in Osmanabad district.

4. Learned advocate for the applicants states that marital

discord has forced applicant No.1 to stay with her parents at

Kesarjawalga Taluka - Omerga along with her child. Two

proceedings have been initiated, one bearing Regular Criminal

Case No.31 of 2015 and the other bearing Criminal

Miscellaneous Application (PWDVA) No.2 of 2015 at Omerga.

Respondent has been attending to those proceedings at Omerga.

It is being submitted that the child of about four years is

suffering asthma has been borne and applicant No.1 is looking

after it. It is further being pointed out that distance between

Kesarjawalga, where the applicants are presently staying and

Pandhapur where the proceedings have been initiated by the

respondent, is about 250 km. In the circumstances, it is

submitted that it would be appropriate to grant the application.

5. Despite service and after service on the respondent the

matter being on board often, no appearance is caused on behalf

of the respondent, which to quite a large extent depicts no

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particular resistance to the request being made under the

present miscellaneous civil application.

6. In the circumstances, having regard to aforesaid, the

Miscellaneous Civil Application stands granted in terms of prayer

clause "A" and is disposed of. Rule is made absolute in aforesaid

terms.

[SUNIL P. DESHMUKH, J.]

drp/mca131-16