Mrs. Arundhati Rohit Ghadge v. Rohit Satish Ghadge

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.70 OF 2018 Arundhati Rohit Ghadge .... Applicant V/s.

Rohit Satish Ghadge .... Respondent Mr. Kishor K. Malpathak for the Applicant.

Mr. Ameya V. Borwankar for the Respondent.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 23 RD JULY 2018.

P.C. :

1.

Heard Mr. Malpathak, learned counsel for the Applicant, and Mr. Barwankar, learned counsel for the Respondent. 2.

This Miscellaneous Civil Application is filed, under Section 24 of the Civil Procedure Code, 1908, for transfer of P.A. No.761 of 2017 filed by the Respondent in the Family Court at Pune to the Family Court at Mumbai.

3.

Applicant is the wife and having custody and responsibility of a small daughter of two and a half years age. Applicant is residing in Mumbai and working there, she is finding it difficult to attend the Family Court at Pune. It is her case that, otherwise also, Respondent is coming to the Family Court at Mumbai, in order to have the access to the child and hence, the dates can be, accordingly, adjusted as per his convenience 1/2 MCA-70-18.doc

also, if the proceedings are transferred from Family Court, Pune to Family Court, Mumbai.

4.

The only contention raised by learned counsel for the Respondent is that, he is ready to bear the travelling expenses of the Applicant and, secondly, there is not much distance between Pune and Mumbai and there is good connectivity.

5.

Even if it is considered that the distance between Pune and Mumbai is not much and there is good connectivity, in that case also, considering that the Applicant is having the responsibility of her daughter, who is very small, and otherwise also, the Respondent is coming to Mumbai for having access to the child, it will serve the convenience of all the parties concerned, if P.A. No.761 of 2017, pending on the file of the Family Court at Pune, is transferred to the Family Court at Mumbai.

6.

Accordingly, the Miscellaneous Civil Application is allowed. P.A. No.761 of 2017, pending on the file of the Family Court at Pune is transferred to the Family Court at Mumbai.

7.

Needless to state that, the Family Court at Mumbai will consider the convenience of the parties and fix the dates accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 MCA-70-18.doc