Priyanka Dennis Makasare vs Dennis Johan Maskasare
2021 Latest Caselaw 2503 Bom

                                        1                MCA 228.2018.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

             57 MISC. CIVIL APPLICATION NO.228 OF 2018

               PRIYANKA DENNIS MAKASARE
                           VERSUS
                DENNIS JOHAN MAKASARE
                               ...
          Advocate for Applicant : Mr. Hawale Atul B.
                               ...
                  CORAM : V.K. JADHAV, J.
                  Dated: February 08, 2021
                              ...
     PER COURT :-

     1.      Heard the learned counsel for the applicant-wife.

     Though, respondent husband served through the paper

     publication, none appears for him.



     2.      The applicant-wife resides with her parents at

     Aurangabad. She has also fled an application bearing

     Criminal Misc Application No.109 of 2018 under the

     provisions of the Protection of Women from Domestic

     Violence Act, 2005, which is pending before the Judicial

     Magistrate First Class, Aurangabad.                   In the said

     proceedings, the respondent-husband has put his

     appearance.               However, the respondent-husband has

     instituted the Special Marriage Petition No.1 of 2018 at


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                                      2                    MCA 228.2018.odt

     Nashik for dissolution of marriage. Said petition is still

     pending. There is a distance of 190 kilometers between

     Nashik and Aurangabad. It is diffcult for the applicant-

     wife to attend the Court dates at Nashik.



     3.      Learned counsel for the applicant placed reliance

     on judgment in case of i] Anjali Ashok Sadhwani Vs.

     Ashok Kishinchand Sadwani reported in [2009 (16) SCC

     188,      ii]    Vaishali   Shridhar   Jagtap        Vs.     Shridhar

     Vishwanath Jagtap reported in [2016 AIR (SC) 3584]

     and      iii]   Vennagot    Anuradha       Samir     Vs.     Vennagot

     Mohandas Samir reported in [2016 (1) AIR Bom R 267].

     It is reiterated in the aforesaid orders by the Supreme

     Court that in the matrimonial proceedings convenience

     of the wife is to be considered.



     4.      In the instant case, it is diffcult for the applicant-

     wife to travel a distance of near about 190 kilometers

     either alone or with the adult member of the family to

     attend the court dates at Nashik.                     Furthermore,

     respondent-husband           has    also     appeared          in     the


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                                            3                   MCA 228.2018.odt

     proceedings               initiated   by   the     applicant-wife            at

     Aurangabad. Further, the respondent-husband has not

     bothered to appear in present application seeking

     transfer of the proceedings though by initial order this

     court has stayed further proceedings of the said

     marriage petition. In the result, I proceed to pass the

     following order.

                                       ORDER

I. Misc. Civil Application is hereby allowed in terms of prayer clause 'B'.

II. Misc. Civil Application is accordingly disposed off.

( V.K. JADHAV, J. ) ...

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