Mrs. Snehal W/O Vivek Ubarhande vs Mr. Vivek S/O Eknath Ubarhande
2021 Latest Caselaw 15444 Bom

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH AT NAGPUR

      MISCELLANEOUS CIVIL APPLICATION NO. 301 OF 2020

        Mrs. Snehal W/o Vivek Ubarhande,
        Aged 28 years, Occ : Nil,
        R/o C/o Shri Bhagwan Shingane,                         .. APPLICANT
        Sarswati Nagar, Near Shivaji Gym Ward
        No.5, Chikhali, Dist Buldhana - 443201

                               Versus

        Mr. Vivek S/o Eknath Ubarhande,
        aged : 33 years, Occ : Landlord / Service,           .. RESPONDENT
        R/o Plot No. 18, Loknath Tower, Near
        Ramkrishna Math, Dhantoli, Nagpur-12

 Ms. Prajkta Chaudhari Advocate for applicant
 Mr. Shriram Deoras, Advocate for the respondent

                               CORAM:    V.M. DESHPANDE, J.

                               DATE :    27/10/2021


 ORAL JUDGMENT :

Rule. Rule is made returnable forthwith.

2. Heard Smt. Prajkata Chaudhari, learned counsel for

the applicant and Shri Shriram Deoras, learned counsel for the

non-applicant.

3. The applicant is wife and non-applicant is husband.

Their marriage took place on 03/06/2017 at Chikhali. After the

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marriage the applicant started her cohabitation with non-

applicant. However, due to matrimonial bickering they started

residing separately. The applicant started residing with her

parents at Chikhali. The non-applicant - husband filed a Petition

under Section 13(1)(a) of the Hindu Marriage Act for

dissolution of marriage in the Family Court, Nagpur. The said

petition is registered as Petition No. A-1039/2019. This Court is

not concerned about the merits or demerits of the divorce

petition.

4. Applicant - wife submitted that she is dependent

upon her father, who is a Teacher. There is no dispute before

this Court that distance between Chikhali and Nagpur is around

400 Km.

5. After hearing the learned counsel Smt. Chaudhari

for the applicant and Shri Deoras for the non-applicant and

after having gone through the contents of the application and

reply filed on behalf of the non-applicant, I am of the view that

no prejudice will be caused to the non-applicant - husband, if

the petition filed by him at the Family Court, Nagpur is

transferred to Family Court, Buldhana. Resultantly, I pass the

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following order :

          i)       The application is allowed.

          ii)      Petition No. A-1039/2019 filed by the non-applicant

and which is pending on the file of Family Court No.3,

Nagpur is hereby transferred to the Family Court at

Buldhana.

iii) The parties are directed to appear before the learned

Judge of the Family Court at Buldhana on 8th December

2021.

iv) The learned Judge of the Family Court, Buldhana is

expected to decide the said petition as early as possible in

accordance with law.

Rule is made absolute in above terms.

No costs.

JUDGE

MP Deshpande

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