Savita Krushna Kadam vs Krushna Shantaram Kadam
2017 Latest Caselaw 864 Bom

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

       MISCELLANEOUS CIVIL APPLICATION NO.8 OF 2017

 Savita w/o Krushna Kadam                                              APPLICANT
 Age - 21 years, Occ - Household
 R/o C/o Kautikrao s/o Ganpat Chavan,
 Kingaon, Taluka - Phulambri,
 District - Aurangabad

          VERSUS

 Krushna s/o Shantaram Kadam,                                      RESPONDENT
 Age - 27 years, Occ - Agriculture
 R/o Tasdindori, Taluka - Niphad
 District - Nashik
                                 .......

Mrs. Pooja V. Langhe, Advocate for the applicant Mr. P. R. Jadhav, Advocate for the respondent .......

[CORAM : SUNIL P. DESHMUKH, J.]

DATE : 20th MARCH, 2017 ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally with

consent of learned advocates for the parties.

2. This miscellaneous civil application has been moved by the

applicant - wife seeking transfer of proceedings bearing Hindu

Marriage Petition No.105 of 2016 filed by the respondent - husband

seeking divorce, in the court of Civil Judge, Senior Division, Niphad,

to a competent court at Aurangabad.

 3.       Learned       advocate   for   the   applicant    submits       that     the





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proceedings bearing Hindu Marriage Petition No.92 of 2016 filed by

the applicant in the court of Civil Judge, Senior Division,

Aurangabad are for restitution of conjugal rights and have been

pending for quite a while and the respondent is attending to those

proceedings. It is contended that it is difficult for the applicant to

attend to proceedings at Niphad, which is about 150 km away from

Aurangabad, where she is presently residing. Further, it is difficult

for the applicant to find escort on each date to travel to Niphad to

attend to court proceedings. Apart from that, financial difficulties

are being faced by her.

4. Learned advocate for the respondent tries to resist the

request, however, he is not in a position to challenge veracity of

that the respondent is attending to the proceedings initiated at the

behest of the applicant at Aurangabad and about other difficulties

expressed on behalf of the applicant.

5. In view of aforesaid, I deem it expedient to consider the

request made under the miscellaneous civil application.

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/mca8-17