Sujata Nitendra Patil v. Nitendra Vishnupant Patil

38-MCA-293-2022-corrected.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.293 OF 2022 Sujata Nitendra Patil ....Applicant V/s.

Nitendra Vishnupant Patil ....Respondent ---- Mr.Parmeshwar Bhise a/w Mr.Ashish Dalvi, for the Applicant. None for the Respondent.

by NILAM SANTOSH KAMBLE Date: 2024.02.02 14:37:49 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 24th JANUARY 2024 P.C:- .

Heard learned counsel for the Applicant.

2.

It is contention of the learned counsel for the Applicant that, Respondent husband has filed Divorce Petition against the Applicant-Wife, which is pending at Family Court at Kolhapur. The Applicant stays with her two children at Nanded. The distance between Nanded to Kolhapur is 700 km. She is finding difficult to attend the Court dates at Kolhapur. Hence, requested to allow the Application.

3.

Though Respondent is served and sufficient chances This order is corrected as per speaking to the minutes of order dated 1st February 2024. N.S. Kamble page 1 of 2

38-MCA-293-2022-corrected.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 at Nanded with two children. The distance between Nanded to Kolhapur is 700 km. It is settled principal of law the convenience of the wife has to be considered at the time of the transfer of the Petition. 5.

In view of above, I pass following order.

ORDER

(i) Marriage Petition No.A-62 of 2022 pending before the Family Court, Kolhapur be transferred to Civil Judge Senior Division, Nanded.

(ii) The Application is allowed and disposed of. (SHIVKUMAR DIGE, J.) This order is corrected as per speaking to the minutes of order dated 1st February 2024. N.S. Kamble page 2 of 2