Citation : 2017 Latest Caselaw 865 Bom
Judgement Date : 20 March, 2017
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drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
MISCELLANEOUS CIVIL APPLICATION NO.21 OF 2017
Neha Alias Yogini w/o Shantanu Joshi APPLICANT
Age - 30 years, Occ - Household
R/o c/o Vijay Madhukar Shastri Sangamule,
Opp Vitthal Mandir, Old Jalna
Taluka and District - Jalna
VERSUS
Shantanu s/o Vijay Joshi RESPONDENT
Age - 32 years, Occ - Priest,
R/o 319, Gokuldas Lane,
Trimbakeshwar, Taluka - Trimbakeshwar
District - Nashik
.......
Mr. Pradeep N. Sonpethkar, Advocate for the applicant Mr. S. R. Deshpande, 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
seeking transfer of proceedings bearing Hindu Marriage Petition
No.54 of 2013 filed by respondent - husband seeking divorce in
the court of Civil Judge, Senior Division, Nashik, to a competent
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court at Jalna.
3. Learned advocates are not at dispute that three more
proceedings between the parties, initiated at the behest of the
applicant, are pending at Jalna, which are attended to by the
respondent. It is being contended on behalf of the applicant that
to attend to the proceedings at Nashik is difficult for her, since
distance between the two cities is about 250 km and additionally,
the applicant has to maintain a child.
4. Learned advocate for the respondent purports to resist,
however, is not in a position to dispute correctness of
submissions about respondent being attending to the
proceedings at Jalna. He strenuously submits that in the event
the application is allowed, proceedings be directed to be
disposed of expeditiously, since the matters are pending for quite
a long time.
5. In view of aforesaid, it appears to be expedient to consider
the request made under the miscellaneous civil application. As
such, the Miscellaneous Civil Application stands granted in terms
of prayer clause "B" and is disposed of. Rule is made absolute
accordingly.
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6. Proceedings between the parties at Jalna be carried
forward expeditiously and disposed of as early as possible,
preferably within a period of nine months from the date of
receipt of writ of this order. In view of request made on behalf of
the respondent, since he has to travel from Trimbakeshwar to
Jalna, the proceedings at Jalna be so arranged to be convenient
to the respondent.
[SUNIL P. DESHMUKH, J.]
drp/mca21-17
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