HIGH COURT OF BOMBAY
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(1.) With consent of both the sides heard finally at the stage of admission.
(2.) This is an application by a wife under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No.1/2020 filed by the
respondent-husband and pending before the learned Civil Judge, Senior
Division, Ambajogai to the Court of Civil Judge, Senior Division, Parbhani.
(3.) The applicant avers that she was married to the respondent on 24/5/2015 and started cohabiting with him at Parli Vaijnath, Dist.Beed. Her parental house is at Sailu, Dist.Parbhani. After cohabiting for some days, she
was driven out firstly in the year 2016. Somehow the cohabiting resumed but
again she was driven out in November 2019 from the in-laws place. It is
thereafter, that the respondent has filed the Divorce proceeding in the Court at
Ambajogai. She avers that her father is poor, does not have means of
livelihood. She has therefore instituted a proceeding seeking maintenance
under Section 125 of the Code of Criminal Procedure and also another
proceeding for domestic violence under the provisions of Protection of
Women from Domestic Violence Act 2005 (for short D.V.Act) both of which are
pending in the Court at Sailu. He submits that because of her poor financial
condition she would be unable to attend the divorce proceeding at Ambajogai.
The respondent is resident of Parli Vaijnath. Considering the distance between
Sailu and Ambajogai as against the distance between Parli Vaijnath and
Parbhani, she would be put to greater inconvenience and expense if she is
made to attend the divorce proceeding at Ambajogai. The respondent is a
businessman having a grocery shop at Parli Vaijnath and can easily commute
between Parli Vaijnath and Parbhani. She therefore prays that the divorce
proceeding be transferred from Ambajogai to Parbhani.;
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