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Bombay High CourtMCA/77/2022allowed

Mrs. Supriya Pravin More Alias Supriya Ramchandra Sabale v. Mr. Pravin Bhanudas More

2022-04-28Hon'Ble Shri Justice Nitin W. Sambre2 pages

(918)-MCA-77-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.04.28 16:19:28 +0530 BALAJI GOVINDRAO PANCHAL MISC. CIVIL APPLICATION NO.77 OF 2022 Mrs. Supriya Pravin More alias Supriya Ramchandra Sabale ..Applicant

Versus

Mr. Pravin Bhanudas More ..Respondent Mr. Raghavendra Mehrotra, for the Applicant.

CORAM : NITIN W. SAMBRE, J.

DATE : 28th APRIL, 2022 P.C.

1.

The applicant/wife has sought transfer of Hindu Marriage Petition No.495 of 2021 pending on the file of Civil Judge, Senior Division, Baramati, Dist. Pune to the Court of Civil Judge, Senior Division, Thane on the ground of hardship. It is claimed that apart from the pendency of the proceedings under the DV Act at the behest of the applicant/wife, she is custodian of a minor son. It is further claimed that travel time and the distance between the aforesaid two places i.e. Thane and Baramati will cause hardship to the applicant, as she is not getting maintenance. As such, ground of hardship is pressed.

2.

The aforesaid ground is not opposed by the nonapplicant by putting his appearance. The non-applicant has chosen BGP.

(918)-MCA-77-22.doc.

not to appear, though served in the proceedings. In the aforesaid background, ground of hardship stands established in favour of the applicant. Apart from above, so as to avoid overlapping of findings on the same set of facts and evidence, prayer of the applicant for transfer of the proceedings also needs to be granted. 3.

That being so, the application stands allowed in terms of prayer clause A.

[NITIN W. SAMBRE, J.] BGP.