Ashwini Govind Shinde vs Govind Angadrao Shinde
2017 Latest Caselaw 925 Bom

                                   1                   MCA - 191-2016


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 MISC. CIVIL APPLICATION NO. 191 OF 2016

Ashwini W/o. Govind Shinde,
Age : 25 years, Occ.: Household,
R/o : C/o Ramdas Makaji More,
Amba Sakhar Karkhana,
Tq. Ambajogai, Dist. Beed                           .. Applicant

     Vs.

Govind S/o Angadrao Shinde,
Age : 38 years, Occupation : Business,
R/o : C/o. Bhosale Plot No.15,
LS No. 141, Behind Rajewnkhede Marg,
Chatribag N-13, HUDCO,
Tq. & Dist. Aurangabad                              .. Respondent

                                  ----
Mr. Prashant Jadhav, Advocate for the applicant
Mr. Balaji Shinde, Advocate for the respondent
                                  ----

                                 CORAM : SUNIL P. DESHMUKH, J.

DATE : 21/03/2017

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith.

2. Heard learned counsel for the parties finally, by consent.

3. This miscellaneous civil application has been moved by

the applicant - wife, seeking transfer of proceeding bearing petition

"A" no.182 of 2016, pending at Aurangabad, to a competent court at

Ambajogai.

2 MCA - 191-2016

4. Mr. Jadhav, learned counsel for the applicant submits

that applicant is deserted by husband and has been residing with her

uncle, who is an old aged person, at Ambajogai. It is difficult for the

applicant to visit Aurangabad, which is about 250 km from

Ambajogai. It is also difficult for her to ask on each occasion, to

have escort, looking at her economical condition, and, as well as

that of her uncle.

5. Aforesaid apart, learned counsel for the applicant states

that two proceedings are pending at Ambejogai, cognizance of which

has been taken by the concerned authorities, and, respondent is

attending to those proceedings at Ambejogai. He, therefore,

submits that in the fitness of things, it would be convenient to have

the matter bearing petition "A" no. 182 of 2016, lodged by

respondent at Aurangabad, transferred to a competent court at

Ambajogai.

6. Mr. Shinde, learned counsel for the respondent, however,

submits that the husband is ready to bear the expenses for to and

fro travel of the applicant and economical reason may not be an

appropriate reason for transfer.

3 MCA - 191-2016

7. Looking at the two proceedings pending at Ambejogai,

are attended to by the respondent, it would be expedient that

proceedings pending in family court at Aurangabad, are transferred

to Ambajogai, and, the dates in the proceedings at Ambajogai, be so

arranged, as would be convenient to the respondent.

8. In the circumstances, miscellaneous civil application

stands granted in terms of prayer clause (B) and is disposed of. It is

expected that the dates in the proceedings pending against the

respondent at Ambajogai, are so arranged, as would be convenient

to the respondent, and, the proceedings may be taken up for

expeditious disposal.

9. Rule made absolute accordingly.

[SUNIL P. DESHMUKH] JUDGE arp/