Sanika Balasaheb Chopde v. Balasaheb Appasaheb Chopde

11-mca207-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.207 OF 2022 Sanika Balasaheb Chopde ... Applicant V/s.

Balasaheb Appasaheb Chopde ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:

2023.02.02 18:02:18 +0530 ATUL GANESH KULKARNI Mr. Aditya Kharkar i/by Dr. U.P. Warunjikar for the applicant.

CORAM :AMIT BORKAR, J.

DATED :FEBRUARY 2, 2023 P.C.:

1.

The wife has filed present miscellaneous civil application seeking transfer of proceedings pending before the learned Judge No.4, Family Court, Mumbai to the Family Court at Osmanabad. 2.

The marriage between the applicant and respondent was solemnized on 29th May 2011. Due to matrimonial differences between the applicant and respondent, the respondent/husband filed Petition No.A-1602 of 2021 seeking decree of divorce in Family Court, Mumbai. The applicant/wife has, therefore, filed present application seeking transfer of proceedings. 3.

This Court on 28th April 2022 issued notice to the respondent. Office remark dated 25th August 2022 shows that the respondent is served. To afford one more opportunity, this Court by order dated 4th October 2022 adjourned the hearing of the

11-mca207-2022.doc application to 8th December 2022. Thereafter again it was adjourned to grant opportunity to the respondent. 4.

The applicant is staying in Osmanabad District. The place where the applicant stays is around 64 kms. away from District Osmanabad. She needs to come to Osmanabad first and thereafter needs to attend the Family Court, Mumbai. Therefore, the applicant has made out a case for transfer.

5.

For the reasons stated above, the miscellaneous civil application is allowed in terms of prayer clause (a). No costs. (AMIT BORKAR, J.)