Manisha Talgeri Mulgaon, Nee- Manisha Sharad Talgeri v. Mithil Subhash Mulgaonkar
71-mca-121-2022.doc AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.121 OF 2022 Manisha Talgeri Mulgaon Nee- Manisha Sharad Talgeri ... Applicant V/s.
Mithil Subhash Mulgaonkar ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:
2023.03.04 13:12:59 +0530 ATUL GANESH KULKARNI Mr. Sagar A. Joshi for the applicant.
Mr. Dakshesh Vyas with Mr. Durgaprasad Sabnis and Ms. Ankita Rathod i/by Lex Firmus for the respondent. CORAM :AMIT BORKAR, J.
DATED :MARCH 3, 2023 P.C.:
1.
The applicant/wife has filed this miscellaneous civil application seeking transfer of Marriage Petition No.A-624 of 2018 pending before Family Court, Bandra, Mumbai to Family Court, Thane.
2.
The marriage between applicant and respondent took place on 24th December 2012. Due to matrimonial differences, both are residing separately. The respondent, therefore, filed Marriage Petition No.A-624 of 2018 before Family Court, Bandra, Mujmbai under Section 13(1)(ia) and (ib) and 26 of the Hindu Marriage Act, 1955.
3.
Learned advocate for the respondent on notice being issued
71-mca-121-2022.doc by this Court appears and objects for transfer of proceedings. According to him, considering the distance between Thane and Bandra, it is not inconvenient for the wife to attend the proceedings.
4.
The applicant has stated that she is residing at Ghodbunder Road, Thane with her father. Therefore, it is inconvenient for her to attend the Court at Bandra. She needs to take care of her ailing father who is suffering from knee pain and asthama. She also has to take care of her eight years child.
5.
Considering the above reasons and considering the distance between Bandra, Mumbai and Thane, in my opinion, it would not be inconvenient for the husband to transfer the proceedings to Thane.
6.
For the reasons stated above, the miscellaneous civil application is allowed in terms of prayer clause (a). No costs. (AMIT BORKAR, J.)