Bombay High Court
Savita Alias Ashwini Subhas Datir vs Subhas Vitthal Datir on 19 March, 2019
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
919 MISC.CIVIL APPLICATION NO.58 OF 2019
SAVITA ALIAS ASHWINI SUBHAS DATIR
VERSUS
SUBHAS VITTHAL DATIR
...
Advocate for Applicant : Shri Tribhuwan Nitin T.
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: March 19, 2019 ...
PER COURT :-
1. The applicant / wife seeks transfer of HMP No.340 of 2018, filed by the respondent / husband, from the court of the learned Civil Judge S.D. Sangamner, to the court of the learned Civil Judge S.D. Aurangabad.
2. It is contended that the applicant was ill-treated and driven out of the marital home. The respondent commented by saying that the applicant should go anywhere or commit suicide. Two proceedings are initiated in the courts at Paithan and the respondent is attending the said proceedings. A son born out of the marriage is residing with the applicant. An adult member of the family has to accompany her to attend the Court proceedings at Sangamner and return to Paithan, which is to and fro journey of around 300 kms.
3. Reliance is placed upon the following judgments:-
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(i) Vennangot Anuradha Samir Vs. Vennangot Mohandas Samir-
2016 (1) Bom.C.R.250,
(ii) Soma Choudhuri Vs. Gourab Choudhuri (2004) 13 SCC 462,
(iii) Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374
(iv) Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap -
2016 AIR (SC) 3584.
4. Issue notice to the respondent, returnable on 26.4.2019. Until then, the trial Court will adjourn HMP No. 340 of 2018.
5. Copy of the paper book for issuance of notice shall be supplied on/or before 27.3.2019, failing which this application shall stand rejected without reference to the Court on 28.3.2019.
( RAVINDRA V. GHUGE, J. ) ...
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