Sharda Balu Wadkar v. Balu Shivaji Wadkar

5-MCA-200-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.200 OF 2023 Sharda Balu Wadkar .... Applicant V/s.

Balu Shivaji Wadkar .... Respondent ---- Mr.Raju Suryawanshi, for the Applicant.

by NILAM SANTOSH KAMBLE Date: 2024.04.05 12:11:38 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 3rd APRIL 2024 P.C:- .

By this Application, the Applicant is seeking transfer of Marriage Petition No.590/2022 pending before the Family Court, Solapur to Family Court, Thane.

2.

It is contention of the learned counsel for the Applicant that, the Applicant stays at Bhiwandi, District-Thane with 7 years old daughter. The distance between Solapur to Bhiwandi is 400 k.m. The Applicant is finding difficult to attend the Court dates at Solapur. Hence, requested to allow the Application.

3.

Though Respondent is served and sufficient chances N.S. Kamble page 1 of 2

5-MCA-200-2023.doc given to the Respondent to argue the matter, but Respondent is absent. Hence, I am deciding this application on merit. 4.

The Applicant stays with her 7 years daughter at Bhiwandi. The distance between Solapur to Bhiwandi is more than 400 k.m. Considering the reasons mentioned in the Application as well as it is settled principle of law convenience of the wife has to be considered while transferring the Petition over the husband.

5.

In view of above, I pass following order.

ORDER

(i) The Marriage Petition No.590 of 2022 pending before Family Court, Solapur be transferred to Family Court, Thane.

(ii) Both the parties to appear before the concerned Court on 25th April 2024.

(iii) The Application is allowed and disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2