This order allows a transfer of Hindu Marriage Petition proceedings from Ahmednagar to Malegaon due to the applicant's difficulty in travel and the pendency of related domestic violence and maintenance cases at Malegaon.
Transfer of Hindu Marriage Petition No. 364 of 2012 from Court at Ahmednagar to Court at Malegaon directed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO.04 OF 2013
Jyoti Amol Shinde,
Age: 31 years, Occ: Household,
R/o. C/o. Vitthal Bhimba Aher,
Aher Wasti, Saraswati Wadi,
Devala-Satana Road, Devala,
Tq. Devala, Dist. Nashik. ...APPLICANT
VERSUS
Amol Arjun Shinde,
Age: 32 years, Occ: Service,
R/o. 11B, Karan Ashiyana,
Somnathnagar, Wadgaon Sheri,
Dist. Pune. ...RESPONDENT
...
Mr. K.B. Autade, Advocate for applicant.
...
CORAM: S.S. SHINDE, J.
DATE : 22ND APRIL, 2013
PER COURT :
.This Misc. Civil Application seeks
transfer of the proceedings instituted by the
respondent-husband being Hindu Marriage Petition
No. 364 of 2012 before the Court of Civil Judge,
Senior Division, Ahmednagar to the Court of the
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Civil Judge, Senior Division, Malegaon.
2.The learned Counsel appearing for the
applicant submits that, the applicant is having
two children aged 2 years and 6 months
respectively and also having old aged parents and
therefore, it is inconvenient for the applicant to
travel from Malegaon to Ahmednagar to attend the
proceedings instituted by the respondent-husband
at Ahmednagar. It is further submitted that, the
applicant filed Criminal M.A. No.222 of 2012
against the respondent-husband under Protection of
Women from Domestic Violence Act and also filed
Criminal M.A. No. 220 of 2012 against the
respondent under Section 125 of the Code of
Criminal Procedure for maintenance and both the
proceedings are pending before the Court of
Judicial Magistrate at Malegaon.
3.In pursuant to the notice issued by this
Court, the written reply sent by the respondent
which is received by the Registry is placed on
record.
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4.In the reply sent by the respondent, it
is stated that, the applicant has registered Crime
No. 39 of 2012 at Yerwada Police Station, Pune.
It is further stated in the reply that, the
proceedings arising out of the said Crime, Regular
Criminal Case NO. 2598 of 2012 pending before the
Court of Judicial Magistrate, First Class, Court
No.5, at Pune may be transferred to the Court at
Malegaon. The Counsel appearing for the applicant
submits that, the applicant is not aware about the
registration of the said crime and the pendency of
the Regular Criminal Case No. 2598 of 2012 in the
Court of J.M.F.C. No. 5 at Pune.
5.Upon hearing the Counsel for the
applicant and upon perusal of the written reply
sent by the respondent, in my opinion, the
application deserves to be allowed for the reasons
that, firstly the applicant has stated that, there
are old aged parents and two children aged 2 years
and 6 months respectively and therefore, it is not
possible for the applicant to travel from Malegaon
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to Ahmednagar. So far the contention of the
respondent that, some offence is registered at
Yerwada police station, Pune, the respondent can
seek appropriate remedy for getting transfer of
those proceedings before the Court at Malegaon.
6.In the facts and circumstances of this
case and grounds stated in the application, the
application deserves to be allowed. Accordingly,
Misc. Civil Application is allowed. The
proceedings of Hindu Marriage Petition No. 364 of
2012 pending on the file of the Court of Civil
Judge, Senior Division, Ahmednagar shall stand
transferred to the file of the Court of Civil
Judge, Senior Division, Malegaon. The concerned
Court at Ahmednagar to take necessary steps to
transfer the said proceedings within one week from
the receipt of the copy of this order. Misc. Civil
Application stands disposed of on above terms.
[S.S. SHINDE, J.]
sut/Apr13
1 issue framed by the court
Whether a petition for transfer of matrimonial proceedings from Ahmednagar to Malegaon is maintainable based on the applicant's inconvenience and pendency of other related proceedings in Malegaon?
4 provisions across 4 enactments
Jyoti Amol Shinde
Amol Arjun Shinde
S.S. SHINDE
As recorded by the court registry
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