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Bombay High CourtMCA/70/2021disposed off

Usha Rahul Lal v. Rahul Puran Lal

2021-07-28Hon'Ble Shri Justice Nitin W. Sambre2 pages

13.70.21 mca.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 70 OF 2021 Usha Rahul Lal ....Applicant V/s.

Rahul Puran Lal .....Respondent Mr. Prasad P. Kulkarni for the applicant CORAM :

NITIN W. SAMBRE, J.

DATE:

JULY 28, 2021.

P.C.:

1] Affdavit of service is placed on record. As such service on the non-applicant is complete.

2] None appears. Contents in the complaint are not controverted. 3] Out of matrimonial discord, non-applicant claim to have initiated proceedings A-15361/2020 on the fle of Family Court, Mumbai of which transfer is sought to Court of Solapur on the 1/2

13.70.21 mca.doc ground of hardship.

4] It is claimed that applicant is custodian of two years old child, the distance between Solapur and Bandra Court warrants her overnight travel and she is also facing fnancial hardship. 5] Since the contentions raised in the application to the aforesaid effect are not controverted, same stood admitted. As such, ground of hardship is very much established.

6] That being so, application is allowed in terms of prayer clause (a) which reads thus:

(a) The Petition No. A-15361 of 2020 pending before the Family Court, Mumbai be transferred to Family Court, Solapur District-Solapur.

[NITIN W. SAMBRE, J.] 2/2