Sou. Sayali Karan Sonawane v. Karan Kiran Sonawane
4-MCA-97-2021.doc Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.97 OF 2021 Sayali Karan Sonawane ] Applicant Vs.
Karan Kiran Sonawane ] Respondent .....
Mr. Balwant Salunkhe, for Applicant.
Mr. Anilkumar Mane, for Respondent.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 31st March, 2023.
P.C.
1.
This is an application by the wife seeking transfer of Divorce Petition bearing No. A - 1656 of 2020 preferred by the respondent-husband under section 13 (1) (ia) of the Hindu Marriage Act, 1955 from the Family Court, Bandra, Mumbai to the Civil Court (Senior Division), Islampur, District Sangli where the applicant-wife has filed Hindu Marriage Petition No.173 of 2020 for restitution of conjugal rights.
2.
The principal ground on which the transfer is sought is the distance between Islampur and Mumbai. The applicant being housewife has no independent source of income, whereas, it is contended that the respondent-husband works in Grand Hyatt Hotel, at Goa.
SHAILAJA SHRIKANT SHRIKANT HALKUDE Date: 2023 04 01 15:45:27
4-MCA-97-2021.doc 3.
Learned Counsel for the respondent is fair enough to submit that prayer may be granted and the divorce petition may be transferred to the Court of Civil Judge, Senior Division, Islampur, District Sangli.
4.
As such, application is allowed in terms of prayer clause (a), which reads thus;
(1) "(a) This Hon'ble Court may be pleased to transfer the Petition bearing No.A1656 of 2020 pending before the Ld. Family Court Bandra, Mumbai to the Civil Judge, Senior Division, Islampur, Dist Sangli and be pleased to tag the same with the HMP No.173 of 2020 pending before Civil Judge, Senior Division, Islampur, District Sangli filed by the applicant".
(2) Learned Civil Judge (Senior Division), Islampur, District Sangli, is directed to expedite hearing of both the petitions.
(3) Learned Civil Judge (Senior Division), Islampur, District Sangli, is also directed to ensure that the dispute between the husband and wife is amicably settled, at the earliest, looking to their young age. 5.
Application stands disposed of.
[PRITHVIRAJ K. CHAVAN, J.]