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31-mca-148-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

MISC.CIVIL APPLICATION NO. 148 OF 2018

SHUBHANGI SACHIN GHADGE

VERSUS

SACHIN BABASAHEB GHADGE

...

Advocate for the Applicant : Shri S.P. Dhoble

…

CORAM : RAVINDRA V. GHUGE, J.

DATED : 19^th NOVEMBER, 2018.

...

PER COURT :

1.

Despite service of Court notice, none appears for the

respondent - husband.

2.

On 20/08/2018, this Court had passed the following

order :-

1.

By this application, the applicant wife seeks to

invoke Section 24 of the Code of Civil Procedure seeking

transfer of petition No. A 113 of 2018, filed by the

respondent husband before the learned Family Court

Solapur, to the learned Family Court at Osmanabad.

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2.

It is stated that the wife has already

preferred Criminal Misc. Application 13 of 2018

before the learned CJM, at Osmanabad under the

Domestic Violence Act. The respondent husband

attends these proceedings at Osmanabad.

3.

Reliance is placed upon the following judgments:

(i)

Vennangot Anuradha Samir Vs. Vennangot

Mohandas Samir [2016 (1) Bom.C.R.250],

(ii)

Soma Choudhury Vs. Gourab Choudhaaury

[(2004) 13 SCC 462],

(iii) Anjali Ashok Sadhwani Vs. Ashok Kishinchand

Sadhwani

[AIR 2009 SC 1374],

(iv) Vaishali Sridhar Jagtap Vs. Shridhar

Vishwanath Jagtap [AIR 2016 SC 3584],

(v) Sayali Swapnil Kuber Vs.Swapni Harischandra

Kuber

[2014 (1) Mh.L.J. 584],

(vi) Nilima Vs. Pavansingh [2011 (4) Mh.L.R. 537],

(vii) Sushila Nitin Rajure Vs. Nitin Marotiappa

Rajure (MCA No.184 of 2017 Aurangabad Bench, dated

9.1.2018].

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31-mca-148-18.odt

4.

Issue notice to the respondents, return able on

28.9.2018. Until the returnable date, the Family Court

Solapur would adjourn Petition No. A113 of 2018.

5.

Copies for issuance of notice shall be

supplied on / or before 27.8.2018, failing which the ad

interim protection granted today shall stand vacated

without reference to the Court on 28.8.2018.''

3.

The distance between the Districts Solapur and

Osmanabad though is merely 65 kms., the fact remains that

the applicant-wife has to be accompanied by an adult member

of her family so as to attend the said proceedings. The

respondent-husband is participating in Criminal Misc.

Application No.13/2018 instituted by the applicant-wife before

the Osmanabad Court under the Protection of Women from

Domestic Violence Act, 2005.

4.

The law laid down in the above referred cases would

indicate that comparative hardships and inconvenience has to

be considered. Normally the difficulties faced by the wife are

to be given greater importance unless the respondent husband

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can cite reasons which would preclude his travel outside his

place of work. Pressing work exigencies or other serious

difficulties, if posted by the husband, could be considered in

cases of transfer applications. However, the respondent

husband has chosen not to appear in this matter.

5.

In view of the above, this application is allowed in terms

of prayer clause ''B'' which reads as under :-

''B. By appropriate order, the proceeding of Petition

No.A-113/2018 filed by respondent pending in court of Ld.

Family Court, Solapur be transferred to Family Court,

Osmanabad or any other appropriate court at Osmanabad

for the purpose necessary orders be issued.''

6.

The applicant shall appear in the said proceedings at

Osmanabad on 07/12/2018. The learned Court shall issue

notice to the respondent.

7.

The respondent is at liberty to seek a common date in all

the matters at Osmanabad so that he could attend the said

cases in common visits.