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Bombay High CourtMCA/109/2018disposed off

Mrs. Rohini Shivaji Jadhav v. Mr. Shivaji Govindrao Jadhav

2018-04-23Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

30.MCASt5795_2018.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION (St.) No. 5795 OF 2018 Mrs. Rohini Shivaji Jadhav ... Applicant Vs.

Shivaji Govindrao Jadhav ... Respondent Ms. Meenal S. Deshmukh i/b. V.S. Deokar, Advocate for the applicant.

Mr. Kushalkumar D. Shukla, Advocate for the respondent. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 23rd April, 2018.

P.C.:

This Miscellaneous Civil Application is filed by the applicant/wife for transfer of Marriage Petition No. A-280 of 2017 filed by the respondent/husband for divorce, which is pending in the Family Court at Latur, to the Family Court at Solapur. 2.

The learned counsel for the applicant submitted that though the applicant is staying at Shelgaon, Taluka Barshi, she is ready to travel from Barshi to Solapur. He submitted that the applicant is looking after the minor son of 2 1⁄2 years old, so it is not convenient for her to travel from Barshi to Latur to attend the Court dates. 3.

The learned counsel for the respondent submitted that he has 1 / 2

30.MCASt5795_2018.doc filed affidavit-in-reply. He submitted that he relied on affidavit-in-reply but has expressed apprehension that uncle of the applicant/wife is an influential political leader and having threat perception, so he is scared of going to Solapur.

4.

Considered the submissions. There is no document to support the threat perception. The applicant is taking care of 2 1⁄2 years son of applicant and respondent. Considering the inconvenience of the child if the applicant is required to travel on the Court dates from Barshi to Latur, I am inclined to transfer Marriage Petition No. A-280 of 2017 filed by the respondent/husband for divorce in the Family Court, Latur to the Family Court, Solapur. The Registrar of the Family Court, Latur to transfer Marriage Petition No. A-280 of 2017 to Family Court, Solapur on or before 30th May, 2018. Parties to appear before the Family Court, Solapur on 18th June, 2018. 5.

Miscellaneous Civil Application is allowed and is accordingly disposed of.

(MRIDULA BHATKAR, J.) 2 / 2