Devyani Chetan Patil v. Chetan Ulhas Patil

39 MCA-71-20.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BHARAT DASHARATH PANDIT Date: 2022.02.10 10:47:00 +0530 CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 71 OF 2020 Devyani Chetan Patil ....Applicant.

V/s Chetan Ulhas Patil .....Respondent --- Ms Sheetal Raghani i/b M/s. Shraddha Dubepatil & Co. for the Applicant.

---- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 09, 2022 P.C.:- 1] Though served, none appears for the non-applicant/husband. As such, contentions in the Application are not controverted. 2] Initially, this Court was of the opinion that it should be ascertained as to whether non-applicant husband is willing to pay travel and out of pocket expenses to the Applicant to attend the proceedings.

3] In the wake of conduct observed hereinabove of the nonapplicant, in my opinion, hardship has to be weighed in favour of the Applicant. As such, Application is allowed in terms of prayer clause (a). Prayer clause (a) reads as under:- 1/2

39 MCA-71-20.doc "(a) That this Hon'

ble Court may be pleased to transfer the Hindu Marriage Petition No.404 of 2018 pending before the Ld. CJSD, at Bhusaval to Ld. Family Court, Nashik Road, Nashik wherein the Petition A No.591 of 2018, filed by the Applicant is pending."

4] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2