Nandini Yogesh Patil @ Namita Hemkant Sankhe v. Yogesh Subhash Patil

(14)-MCA-14-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL MISC. CIVIL APPLICATION NO.14 OF 2021 BALAJI GOVINDRAO PANCHAL Date: 2022.03.02 11:18:38 +0530 Nandini Yogesh Patil @ Namita Hemkant Sankhe ..Applicant

Versus

Yogesh Subhash Patil ..Respondent Ms. Nazneen Contractor a/w Vidhi A. Shah, for the Applicant. Ms. Namita Mestry, for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 1st MARCH, 2022 P.C.

1.

Petition No.D-15/2020 initiated by the respondent/ husband before the Additional District Judge, Palghar for custody of minor daughter Priyadarshini, applicant is seeking transfer to the Family Court, Bandra on the ground of hardship. 2.

Having heard respective counsels and having considered objections raised by the non-applicant as regards hardship which the non-applicant will suffer, in case, if the prayer for transfer is granted, I am of the view that prayer for transfer needs to be granted in terms of prayer clause (a) for the following reasons :- a) Applicant/wife is custodian of the minor daughter and residing along with her parents and minor daughter. BGP.

(14)-MCA-14-21.doc.

b) The order of payment of maintenance passed in domestic violence proceedings is not complied in its entirety as the non-applicant is in arrears of the amount of maintenance. c) For both wife and daughter, it will be appropriate and convenient to attend the proceedings at Family Court, Bandra.

3.

As such, application stands allowed.

[NITIN W. SAMBRE, J.] BGP.