2019 NearLaw (BombayHC Nagpur) Online 1157, Sau. Swapnali Amol Mali, Amol Bhausaheb Mali

Petitioner Counsel: Shri Shrikant Saoji
Respondent Counsel: Shri S.B. Trivedi
Act Name: Code of Civil Procedure, 1908 Code of Criminal Procedure, 1973

This application is filed under Section 24 of Code of Civil Procedure, 1908, for transfer of Hindu Marriage Petition No 21/18 pending before Civil Judge Senior Division, Latur to Court of Civil Judge Senior Division, Buldhana.
The learned counsel for the applicant has submitted that the applicant is wife of respondent.
The respondent is residing in USA Applicant has filed Misc.
Criminal Application No 65/2018 under Section 125 of Cr.PC before Judicial Magistrate First Class, Chikhli.
The learned counsel for the applicant Shri Saoji has submitted that application for grant of maintenance is still pending before Judicial Magistrate First Class at Chikhli.
The non-applicant/ respondent (husband) has to attend the Court of Judicial Magistrate First Class at Chikhli.
The applicant/wife is not in a position to attend each and every dates in the Court at Latur.
The non-applicant/ respondent though served by e-mail but not appeared before this Court.
One of the proceedings between the same parties is pending before the Judicial Magistrate First Class Court at Chikali.
HMP No 21/2018 is pending before Civil Judge Senior Division, Latur is hereby transfered to the Civil Judge Senior Division, Buldhana.
The Trial Court is directed to give dates as per the convenience of nonapplicant/ respondent (husband).
As far as possible, both matters be kept on a single date, so that there would not be inconvenience for respondent (husband).
The miscellaneous civil application is disposed of.

Section :
Section 24 Code of Civil Procedure, 1908 Section 125 Code of Criminal Procedure, 1973

Heard

2. This application is filed under Section 24 of Code of Civil Procedure, 1908, for transfer of Hindu Marriage Petition No. 21/18 pending before Civil Judge Senior Division, Latur to Court of Civil Judge Senior Division, Buldhana.

3. The respondent is served by e-mail, but none appeared. The learned counsel for the applicant has submitted that the applicant is wife of respondent. The respondent is residing in USA. Applicant has filed Misc. Criminal Application No. 65/2018 under Section 125 of Cr.P.C. before Judicial Magistrate First Class, Chikhli. The learned counsel for the applicant Shri Saoji has submitted that application for grant of maintenance is still pending before Judicial Magistrate First Class at Chikhli. The non-applicant/ respondent (husband) has to attend the Court of Judicial Magistrate First Class at Chikhli. The applicant/wife is not in a position to attend each and every dates in the Court at Latur. The distance between Chikhli to Latur is about 350 kilometers.

4. The non-applicant/ respondent though served by e-mail but not appeared before this Court. One of the proceedings between the same parties is pending before the Judicial Magistrate First Class Court at Chikali. If, the HMP No. 21/2018 is transfered to the Court of Chikhli no inconvenience will be caused to the respondent. He will appear in both the matters. Hence, application is allowed. HMP No. 21/2018 is pending before Civil Judge Senior Division, Latur is hereby transfered to the Civil Judge Senior Division, Buldhana.

5. The Trial Court is directed to give dates as per the convenience of nonapplicant/ respondent (husband). As far as possible, both matters be kept on a single date, so that there would not be inconvenience for respondent (husband). The miscellaneous civil application is disposed of.