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Bombay High CourtMCA/169/2022allowed

Pooja Manish Chavan v. Manish Chavan

2023-01-12Hon'Ble Shri Justice Amit Borkar2 pages

33-mca169-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.169 OF 2022 ATUL GANESH KULKARNI Pooja Manish Chavan ... Applicant V/s.

Manish Chavan & Ors.

... Respondents ATUL GANESH KULKARNI Date: 2023.01.13 10:42:57 +0530 Mr. Subhrudeep Banerjee i/by Ms. Mrunal Burkule for the applicant.

Ms. Gifty George for respondent no.1.

Ms. Tanaya Goswami, AGP for respondent no.4/State. CORAM :AMIT BORKAR, J.

DATED :JANUARY 12, 2023 P.C.:

1.

The miscellaneous civil application is by the wife seeking transfer of marriage proceedings pending before the Family Court, Pune to the Family Court, Nashik.

2.

The marriage between the applicant and the respondent took place on 11th April 2017. Due to differences between the applicant and the opponent, proceedings were filed under the provisions of the Domestic Violence Act, 2005 in the Court at Nashik. The husband has also filed divorce petition before the Family Court, Pune. The ground pleaded for transfer is inconvenience. She, undisputedly, stays at Nashik. She is required to attend the Court at Pune either by using public transport or by private car.

33-mca169-2022.doc 3.

Taking into consideration inconvenience caused to the wife, the applicant has made out a case for transfer. The miscellaneous civil application is, therefore, allowed in terms of prayer clause (b).

4.

No costs.

(AMIT BORKAR, J.)