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Bombay High CourtMCA/56/2022allowed

Mrs. Neha Manish Singh Maiden Name Neha Ramujagir Singh v. Mr. Manish Harikesh Singh

2022-11-25Hon'Ble Shri Justice Milind N. Jadhav2 pages

43. civil mca 56-22.doc R.M. Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION MISC. CIVIL APPLICATION NO. 56 OF 2022 Neha Manish Singh maiden name Neha Ramujagir Singh .. Applicant

Versus

Manish Harikesh Singh .. Respondent ..........

Mr. K.H. Giri a/w Ms. Dhinika Jain and Pratik Yadav i/by Mr. Gaurav Borse for Applicant None for Respondent ..........

CORAM : MILIND N. JADHAV, J.

DATE : 25th November, 2022.

P.C.

:

.

Heard.

2.

Though served, none appears for the Respondent. 3.

Parties got married on 08.12.2012. Respondent - husband initiated proceedings for dissolution of marriage on the file of Civil Judge Senior Division, Vasai of which transfer is sought by Applicant to Family Court, Bandra, where she resides (at Vakola-Santacruz, Mumbai - 55).

4.

Perused ground of hardship which is pressed in paragraph Nos. 5 & 6 of the Application. There is one minor child aged 3 years (daughter) who is in the custody and care of Applicant. As Applicant - wife will be required to travel from Santacruz to Vasai to attend the 1/2

43. civil mca 56-22.doc proceedings and in view of taking care of the minor daughter, it will cause prejudice and hardship to her.

5.

Since the contentions are not controverted, in my opinion, ground of hardship has to be considered in favour of the Applicant. 6.

As such, Application is allowed and disposed of in terms of prayer clause (a) which reads as under:- "(a) This Hon'ble Court be pleased to transfer the said Marriage Petition No. 458 of 2021 to the Family Court, Bandra, Mumbai from the Court of Shri. R.H. Nathani, Civil Judge S.D. at Vasai, Palghar, as per law, in the interest of justice."

[ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2022.11.28 10:33:06 +0530 RAVINDRA MOHAN AMBERKAR 2/2