Pooja Abhijit Dhanshetti Pooja Suresh Shinde v. Abhijit Sudhakar Dhanshetti
16-MCA-39-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.39 OF 2024 Pooja Abhijit Dhanshetti Pooja Suresh Shinde & Ors.
.... Applicants V/s.
by NILAM SANTOSH KAMBLE Date: 2024.05.10 18:13:56 +0530 NILAM SANTOSH KAMBLE Abhijit Sudhakar Dhanshetti & Ors.
.... Respondents ---- Ms.Tinna Patel, for the Applicants.
---- CORAM : SHIVKUMAR DIGE, J.
DATE : 10th MAY 2024 P.C:- .
By this Application, the Applicant is seeking transfer of Domestic Violence Petition pending before the 12th Metropolitan Magistrate, Bandra Mumbai to Family Court, Bandra.
2.
It is contention of the learned counsel for the Applicant that, the Applicant stays at Sion, Mumbai with her parents. She is hearing impaired. This Court has transferred divorce proceeding filed by Respondent to Family Court Bandra. If D.V. Proceeding pending before M.M. Court, Bandra N.S. Kamble page 1 of 2
16-MCA-39-2024.doc transferred to Family Court it would be convenient for both parties. Hence, requested to allow the Application. 3.
Though Respondent is served and sufficient chances given to the Respondent to argue the matter, but Respondent is absent. Hence, I am deciding this application on merit. 4.
The Applicant stays with her parents at Sion, Mumbai. She is hearing impaired. This Court has transferred divorce petition filed by the Respondent to Family Court, Bandra. It is settled principle of law that convenience of the wife has to be considered while transferring the Petition over the husband.
5.
In view of above, I pass following order.
ORDER
(i) The Domestic Violence Petition No.160/DV/2022 pending before 12th Metropolitan Magistrate, Bandra, Mumbai be transferred to Family Court, Bandra.
(ii) The Application is allowed and disposed of.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2