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Sarita Amol Kalyankar vs Amol Suresh Kalyankar on 27 March, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

MISC. CIVIL APPLICATION NO. 211 OF 2018

SARITA AMOL KALYANKAR
VERSUS
AMOL SURESH KALYANKAR

Advocate for the Applicant : Shri B. S. Kudale
Advocate for the Respondent – sole : Shri H. V. Patil

CORAM : RAVINDRA V. GHUGE, J.

DATED : 27th MARCH, 2019.

PER COURT :

1. On 20/10/2018, the following order was passed :-

”1 The applicant wife seeks transfer of HMP No. 179 of
2017, filed by the respondent / husband, from the Court of
Civil Judge S. D. Osmanabad to the Court of Civil Judge S. D.
Majalgaon.

2 The applicant is residing with her parents after being
driven out of the marital home. She was harassed and
tortured. An adult member of the family has to accompany
her to attend the Court proceedings at Osmanabad.

3 Reliance is placed upon the following judgments :-

(i) Vennangot Anuradha Samir Vs. Vennangot

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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,

(v) Sayali Swapnil Kuber Vs. Swapnil
Harischandra Kuber – [2014 (1) Mh.L.J. 584],

(vi) Nilima Vs. Pavansingh – LEX (BOM) 2011 9 193
and

(vii) Shila Nitin Rajure Vs. Nitin Marotiappa
Rajure – MCA No.184 of 2017 (Aurangabad
Bench), dated 9.1.2018.

4 Issue notice to the respondent, returnable on
14.12.2018. Until then, the trial Court will adjourn HMP
No. 179 of 2017.

5 Copy of the paper book for issuance of notice
shall be supplied and all objections shall be removed
on/or before 30.10.2018, failing which this application
shall stand rejected without reference to the Court on
31.10.2018.”

2. The learned Advocate for the respondent has strenuously

opposed this application and prays for its dismissal with costs.

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3. After this matter was heard for quite some time, the

learned Advocate for the applicant wife details the status of

her following cases :-

(a) Regular Criminal Case No. 27/2018 filed under

Section 498A of the IPC, is pending before the learned

Judicial Magistrate First Class, Wadwani.

(b) Criminal Misc. Application No. 69/2018 filed

under the Protection of Women from Domestic

Violence Act, 2005, pending before the learned Judicial

Magistrate First Class Wadwani.

(c) HMP No. 16/2018 filed by the wife seeking

restitution of conjugal rights, is pending before the

learned Civil Judge Senior Division, Majalgaon.

4. The learned Advocate for the respondent, therefore,

suggests that all the matters may be transferred to the

competent Court at Beed since he has to travel only 90 kms.

from Taluka Kada to Beed. He is a lecturer serving at Kada.

5. The applicant wife submits that instead of Beed, the

matters be posted at Majalgaon since she has some relatives at

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Majalgaon who can take care of her three years old child when

she attends the hearing in the Court.

6. In the light of the above, I have called upon the

applicant to amend the prayer clause, if so desired. The

applicant agrees to carry out the amendment forthwith.

7. This application is, therefore, allowed. Consequent

thereto, HMP No. 179/2017 shall stand transferred to the

Court of the learned Civil Judge Senior Division, Majalgaon.

8. RCC No. 27/2018 shall stand transferred from the Court

of the learned Judicial Magistrate First Class, Wadwani to the

Court of the learned Judicial Magistrate First Class, Majalgaon.

9. Criminal M.A. No. 69/2018 shall similarly be transferred

to the Court of the learned Judicial Magistrate First Class,

Majalgaon.

10. HMP No. 16/2018 filed by the applicant is already

before the learned Civil Judge Senior Division at Majalgaon.

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11. Both the litigating sides shall appear before the Court of

the learned Civil Judge Senior Division, Majalgaon in HMP No.

179/2017, after its transfer from Osmanabad, on 12/04/2019.

12. Both the parties are at liberty to request the respective

Courts at Majalgaon to post all the matters on common dates

at Majalgaon so that the parties can participate in the

proceedings in common visits and the said requests shall be

accepted.

13. The application filed by the applicant wife in HMP No.

179/2017 at Osmanabad, seeking travelling expenses, shall

stand disposed off in the light of the above.

(RAVINDRA V. GHUGE, J.)

shp/-

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