Savita Amit Pawar v. Amit Bhagwan Pawar

Shubhada S Kadam 23-mca-198-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 198 OF 2023 Savita Amit Pawar ... Applicant versus Amit Bhagwan Pawar .... Respondent Ms. Poonam Solankar, Advocate for the Applicant. Mr. Indraraj Yadav i/b. Mr. Ajinkya Udane, Advocate for the Respondent. CORAM : SHIVKUMAR DIGE, J.

DATE : 8th FEBRUARY, 2024.

P.C. :

1.

Heard learned counsel for the applicant and learned counsel for the respondent.

2.

Learned counsel for the applicant submitted that respondenthusband has filed divorce petition which is pending before the Family Court at Pune. Learned counsel further submitted that applicant stays at Airoli with her eight year old son and her parents. The applicant is finding it difficult to go to Pune to attend the court dates. Hence, requested to allow the application.

3.

Learned counsel for respondent-husband strongly objected to allow the application. He submitted that this application is filed only to harass the respondent. He further submitted that if this Court is inclined Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.02.09 10:54:23 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 23-mca-198-2023.doc to allow the application, the respondent be permitted to appear in the concerned court through video conferencing.

4.

I have heard both learned counsel. The applicant stays with her eight year old child and her aged parents at Airoli. The applicant is finding it difficult to attend the court dates at Pune. It is settled principle of law that while considering transfer petition, the convenience of the wife is to be considered over husband.

5.

In view of above, I pass following order :

1.

Application is allowed.

2.

Marriage Petition No. 630 of 2022 pending before the Family Court at Pune be transferred to Family Court at Belapur. 3.

Respondent can file an application before the concerned Court for appearance through video conferencing and the concerned court shall decide the said application on merit. 4.

Learned Trial Court is requested to decide the above petition as early as possible.

5.

Both the parties shall appear before the Family Court at Belapur on 11th March 2024.

The application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2