Ms. Shradha Shivaji Gurav Alias Nee Shradha Shivaji Dasanhatti v. Mr. Shivaji Mhadev Gurav

IRESH SIDDHARAM MASHAL Date: 2021.09.02 17:14:10 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 98 OF 2020 MS. SHRADHA SHIVAJI GURAV ....APPLICANT ALIAS NEE SHRADHA SHIVAJI DASANHATTI V/s.

MR. SHIVAJI MAHADEV GURAV .....RESPONDENT Ms. Suvidha R. Patil i/b Patil Associates for the applicant Mr. Naveen Balaso Khair for the respondent CORAM :

NITIN W. SAMBRE, J.

DATE:

AUGUST 30, 2021.

P.C.:

1] On 10/08/2021, this Court has directed the applicant to produce disability certifcate on record.

2] Since the applicant is not in a position to produce the same, has made submission before this Court that her prayer for issuance of such certifcate is under process. Applicant remained personally present before this Court on the last hearing i.e. on 25/08/2021. 1/3

3] Learned counsel for the non-applicant while opposing the prayer for transfer would urge that proceedings are initiated based on the cause of action narrated and the applicant can attend the proceedings at Gadhinglaj, District: Kolhapur. 4] In response to the court's query, learned counsel submits that reasonable amount of travel charges can be borne by the nonapplicant. 5] If aforesaid submissions are appreciated, particularly in the backdrop of physical disability of the applicant demonstrated before this Court, it will be appropriate to order transfer of the proceedings as prayed, particularly when this Court is of the view that great hardship will be caused to the applicant, in case if she made to travel from Mumbai to Kolhapur which requires overnight travel. 6] As such, application is allowed in terms of prayer clause (A) which reads thus:

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"(A) this Hon'ble cour tbe pleased to transfer the Marriage Petition bearing no. 168/2019 which is pending before Hon'ble Civil Judge Senior Division Gadhinglaj, Kolhapur to Family Court at Bandra, Mumbai".

[NITIN W. SAMBRE, J.] 3/3