Mrs. Poonam Vilas Dhanve v. Mr. Vilas Laxman Dhanve

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION MISC. CIVIL APPLICATION NO.214/2015 Mrs. Poonam Vilas Dhanve ...Applicant V/s.

Shri Vilas Laxman Dhanve

...Respondent

Mr. J. S. Chandnani for the Applicant.

None for the Respondent.

CORAM:

K.K. TATED, J.

DATED :

OCTOBER 8, 2015 P.C. :

1.

Heard the learned counsel for the Applicant. None for the Respondent though duly served. Yesterday, the matter was on board for hearing. At that time, the Respondent Shri Vilas Laxman Dhanveparty in person appeared and requested to adjourn the matter for today as per the convenience of his Advocate.

2.

This Application is filed by wife under section 24 of the Code of Civil Procedure, 1908 for transfer of Marriage Petition No.2948/2014 filed by the Respondent husband u/s. 9 of the Hindu Marriage Act, 1955 before the Family Court at Bandra, Mumbai to the Family Court at Pune.

3.

The learned counsel for the Applicant submits that the Applicant has two minor children. It is very difficult for her to travel from Pune 1/3

to Bombay on each and every date to attend the petition filed by the Respondent husband along with minor children. He further submits that the Applicant does not have any source of income. At present, she is residing with her parents at Pune. Hence, in the interest of justice, this Hon'ble Court be pleased to transfer the petition filed by the Respondent husband u/s. 9 of the Hindu Marriage Act, 1955 to the Family Court at Pune. He submits that if the Application is not allowed, irreparable loss will be caused to the Applicant. 4.

Considering the submissions made by the learned counsel for the Applicant, the Applicant has 2 minor children and at present she is dependent on her parents for financial support, I am of the opinion that the Applicant has made out a case for allowing the Misc. Civil Application.

5.

Hence, following order is passed:

a.

Office of Family Court, Bandra, Mumbai is directed to transfer the marriage petition No.2948/2014 filed by the Respondent Vilas Laxman Dhanve u/s. 9 of the Hindu Marriage Act, 1955, to the Family Court at Pune for hearing and final disposal on merit.

b.

Misc. Civil application stands disposed off accordingly. (K.K. TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order. 3/3