Single judge transferred the Hindu Marriage petition pending in Aurangabad to the Family Court, Beed, considering the wife's parallel proceedings in Beed and her convenience, directing record transmission and attendance.
Hindu Marriage petition No. A-348/2017 transferred from Family Court, Aurangabad to Family Court, Beed.
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26-MCA-14-2021.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
26 MISC.CIVIL APPLICATION NO.14 OF 2021
SANGITA OMKAR MORE
VERSUS
OMKAR DIGAMBARRAO MORE
Advocate for Applicant : Dr. Swapnil D. Tawshikar
Advocate for Respondent: Mrs. V. A. Shinde h/f Mr. R. R. Mane
CORAM : AVINASH G. GHAROTE, J.
DATE : 2nd August, 2021
PER COURT :
.Heard Dr. Swapnil Tawshikar, learned counsel for the
applicant and Mrs. Shinde, learned counsel for the non-applicant.
2.It is not disputed, that in the Hindu Marriage Petition No.
A-348/2017, pending before the file of the learned Family Court,
Aurangabad, filed by the husband, the evidence of the husband is
over and his side is closed. The affidavit evidence of the wife has also
been filed, the examination-in-chief is over and the part of cross is
also over.
3.Learned counsel for the non-applicant submits, that in
one single sitting, the balance cross would also be over. She submits,
that the non-applicant is willing to defray the expenses of the
26-MCA-14-2021.odt
2
applicant as well as her companion, including any expenses for
lodging and boarding, which is being so done, at present at the rate of
Rs.1000/- per visit as per the order dated 03/12/2018 by the learned
Family Court.
4.It is an admitted position, that the applicant/wife, has
instituted proceeding under the Protection of Women from Domestic
Violence Act, 2005 before the Family Court, at Beed, in which, the
non-applicant has already been served and is appearing. That being
the case, in view of the settled position of law, that the convenience of
the wife is to be taken into consideration and the husband is already
travelling to Beed, the Hindu Marriage Petition No. A-348/2017,
pending before learned Family Court, Auarngabad, is hereby
transferred to the Family Court, Beed.
5.The parties shall attend the Family Court, Beed on
13/8/2021, prior to which, the learned Family Court, Aurangabad is
requested to transmit the Records & Proceedings of Hindu Marriage
Petition No. A-348/2017, to the Family Court, Beed.
6.The application is, accordingly, allowed in the above
terms.
(AVINASH G. GHAROTE, J.)
Sameer
1 issue framed by the court
Whether the Hindu Marriage petition pending in Aurangabad should be transferred to Beed in view of wife's proceedings there.
Sangita Omkar More
Omkar Digambar Rao More
Avinash G. Gharote
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court