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Bombay High CourtMCA/110/2021allowed

Veena Sagar Ingale, W/O Sagar Ganapti Ingale v. Sagar Ganapati Ingale, S/O Ganapati Ingale

2022-11-25Hon'Ble Shri Justice Milind N. Jadhav2 pages

2. civil mca 110-21.doc R.M. Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION MISC. CIVIL APPLICATION NO. 110 OF 2021 Veena Sagar Ingale .. Applicant

Versus

Sagar Ganapati Ingale .. Respondent ..........

Mr. Sandeep Waghmare i/by Mr. Santosh Kale for the Applicant Ms. Jagruti Vemula i/by Mr. Kishor Ajetrao for Respondent ..........

CORAM : MILIND N. JADHAV, J.

DATE : 25th November, 2022.

P.C.

:

.

Heard.

2.

Parties got married on 04.05.2017. Respondent - husband initiated proceedings for restitution of conjugal rights pending on the file of Civil Judge Senior Division, Gadhinglaj, District Kolhapur of which transfer is sought by Applicant to Civil Judge Senior Division at Kalyan, Dist. Thane, where she resides. Respondent is a doctor. 3.

Perused the grounds of hardship pressed in paragraph Nos. 7A to 7H of the Application. There is one minor child named Devika aged 3 & 1/2 years who is in the custody and care of Applicant. Applicant is unemployed and residing at Kalyan, District Thane along with her old aged parents. As Applicant - wife will be required to travel from Kalyan, District Thane to Kolhapur to attend the 1/2

2. civil mca 110-21.doc proceedings, it will cause prejudice and hardship to her. 4.

In view of the above, in my opinion, ground of hardship has to be considered in favour of the Applicant. As such, Application is allowed and disposed of in terms of prayer clause (B) which reads as under:- "B.

That by an order of this Hon'ble Court the record and proceedings of Hindu Marriage Petition No. 52 of 2021 filed by the Respondent may be pleased to transfer to the jurisdiction of Civil Judge Senior Division at Kalyan, District Thane." [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2022.11.25 20:27:36 +0530 RAVINDRA MOHAN AMBERKAR 2/2