Mrs. Amruta Rajendra Patole v. Mr. Rajendra Chandrakant Patole

Shubhada S Kadam 32-MCA-344-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 344 OF 2022 Amruta Rajendra Patole ... Applicant versus Rajendra Chandrakant Patole .... Respondent Mr. Soham Pawar i/b. Mr. Rajesh More, Advocate for the Applicant. Mr. Niraj Bhatiya i/b. Ms. Dimple Joshi, Advocate for the Respondent. CORAM : SHIVKUMAR DIGE, J.

DATE : 13th MARCH, 2024.

P.C. :

1.

By this application, the applicant is seeking transfer of divorce petition filed by respondent-husband which is pending before the Family Court at Bandra to Family Court at Pune.

2.

It is the contention of learned counsel for the applicant that the applicant stays at Pune with her 9 year old son and her aged mother, she is finding it difficult to attend the Court's dates at Family Court at Bandra. In order to attend the Court's date at Bandra, she has to go with her 9 year old son and her aged mother which is inconvenient. Hence, requested to allow the application.

3.

Learned counsel for the respondent submitted that respondent is police constable, his service is at Borivali Police Station, it would be difficult for the respondent to attend the Court's dates at Pune, hence, SHUBHADA SHANKAR KADAM requested to reject the application.

SHUBHADA SHANKAR KADAM Date: 2024.03.14 18:05:21 +0530 1/2

Shubhada S Kadam 32-MCA-344-2022.doc 4.

I have heard both learned counsel.

5.

The applicant stays with her 9 year old son and aged mother at Pune, she is finding it difficult to attend Court's dates at Family Court at Bandra. It is settled principle of law that convenience of the wife has to be considered over the husband in case of transfer of petition. 6.

In view of above, I pass following order :

1. Application is allowed.

2. P.A.No.A-706 of 2019 pending before the Family Court at Bandra be transferred to the Family Court at Pune.

3. The respondent can file an application before the concerned Court for appearance through video conferencing. The concerned Court shall decide the said application on its own merit.

3. Both parties to appear before the Family Court at Pune on 15th April 2024.

Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2