1 MCA 41 OF 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 41 OF 2010 1. Pradnya w/o Navneet Lachuriye, Aged 28 years, Occupation Household, Resident of C/o Vasantlal Mandramji Sarwaiye, House No. 4-7-77, Rajendra Niwas, Opp. to Kabir Mandir, Nawabpura, Aurangabad, Taluka and District Aurangabad. 2. Niraj s/o Navneet Lachuriye, Aged 10 years, Occupation Student, Under Guardianship of his real mother i. e. applicant No.1. Applicants V E R S U S Navneet s/o Ramesh Lachuriye, Aged 36 years, Occupation Service, Resident of 137, South Sadar Bazar, Besides Jalan Mandir, Solapur, Taluka and District Solapur. Respondent Mrs. S.G. Jahagirdar, Advocate for the applicants CORAM : A.V. NIRGUDE, J. DATED : 27th January, 2011 ORAL ORDER : 1. This application is made under Section 24 of the Civil Procedure Code for seeking transfer of Hindu Marriage Petition No. 161 of 2010, pending before the learned Civil Judge, Senior Division, Solapur to the Family Court, Aurangabad. 2 This application is pending since last several months. The respondent / husband could not be served on the address which he has 2 MCA 41 OF 2010 mentioned in his own proceeding, which is pending before the Civil Court, Solapur. The Bailiff report shows that the father of the respondent told the Bailiff that the respondent had left the address mentioned in the Hindu Marriage Petition and had gone to stay at Wangni, Taluka Ambernath, District Thane. The address given by the father of the respondent is too way to cause service of notice of the present application. Thus, I think, there is no possibility of service of notice on the respondent. If the application seeking transfer of proceedings is allowed, there is virtually no prejudice would be caused to the respondent. This order is not likely to prejudice him also because in any way he no longer stays at Solapur, and so, if he attends the Family Court, Aurangabad, for continuing his marriage petition, it would not cause him inconvenience. If at all he is interested in pressing his marriage petition, he would appear before the Family Court, Aurangabad. In any case, I am told that the respondent is attending another proceeding initiated by the applicant in the Family Court, Aurangabad. He has even engaged an Advocate there. In view of this, the present application deserves to be allowed. ORDER a. The application is allowed. b. Hindu Marriage Petition No. 161 of 2010, pending before the learned Civil Judge, Senior Division, Solapur stands transferred to the Family Court, Aurangabad. ( A.V. NIRGUDE, J. ) SRM/mca/41/10/27/1/11 3 MCA 41 OF 2010