Bombay High Court
Sukeshani Vijay Gaikwad vs Vijay Motiram Gaikwad on 18 February, 2019
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
MISC.CIVIL APPLICATION NO. 18 OF 2019
SUKESHANI VIJAY GAIKWAD
VERSUS
VIJAY MOTIRAM GAIKWAD
...
Advocate for the Applicant : Shri Ajinkya Kale
...
CORAM : RAVINDRA V. GHUGE, J.
DATED : 18th FEBRUARY, 2019.
...
PER COURT :
1. Leave to correct prayer clause 'B'.
2. The applicant prays for transferring HMP No. 167/2018 from the Court of the learned Civil Judge Senior Division, Khamgaon to the Court of the learned Civil Judge Senior Division, Parbhani.
3. The applicant has married the respondent on 05/06/2014. A girl child was born on 16/05/2017, who is about 18 months of age today. The applicant was subjected to severe physical and mental harassment by the husband and was driven out of her marital home.::: Uploaded on - 20/02/2019 ::: Downloaded on - 18/03/2019 04:30:57 :::
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4. The applicant has preferred a proceeding bearing PWDV Application No. 147/2018 before the learned Chief Judicial Magistrate, Parbhani and has also preferred a Criminal Misc. Application No. 581/2018 for seeking maintenance under Section 125 of the Cr.P.C. The husband is attending the Court with the proceedings at Parbhani.
5. It is submitted that the mother of the applicant is quite ailing. The applicant would require an adult member of her family for security and has to travel the distance of 250 kms. for attending the proceeding initiated by the husband. The 18 months old child cannot be kept alone at home as her mother is ailing.
6. Reliance is placed on the following judgments :-
1) Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap [(2016) 14 SCC 356]
2) Sayali Swapnil Kuber Vs. Swapnil Harischandra Kuber [2014 (1) Mh.L.J. 584],
3) Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani [AIR 2009 SC 1374] ::: Uploaded on - 20/02/2019 ::: Downloaded on - 18/03/2019 04:30:57 ::: 3 14-mca-18-19.odt
4) Mona Aresh Goel Vs. Aresh Satya Goel [AIR 2000 SC 3512 (1)]
5) Sumita Singh Vs. Kumar Sanjay and Another [AIR 2002 SC 396]
6) Soma Choudhury Vs. Gourab Choudhaury [2004 (13) SCC 462]
7) Bhagyashree Ganesh Trimbake Vs. Ganesh Shivling Trimbake [Order dated 13/03/2018 passed by this Hon'ble High Court in MCA No. 28/2017]
7. Issue notice to the respondent, returnable on 29/03/2019. Until then, the concerned Court shall adjourn HMP No.167/2018.
8. A spare copy for issuing notice to the respondent is tendered across the bar and the same is taken on record.
(RAVINDRA V. GHUGE, J.) shp/-
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