Dr. Premila W/O. Suryakant Hanmante v. Dr. Suryakant S/O. Laxman Hanmante

SIDDHARAM MASHAL Date: 2022.04.20 09:42:35 +0530 IRESH SIDDHARAM MASHAL 59.168.22 mca.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 168 OF 2022 DR. PREMILA W/O. SURYAKANT ....APPLICANT HANMANTE V/s.

DR. SURYAKANT S/O. LAXMAN HANMANTE .....RESPONDENT Mr. Shailesh Kharat Advocate for the Applicant CORAM :

NITIN W. SAMBRE, J.

DATE:

APRIL 18, 2022.

P.C.:

1) Heard. Though served, none appears for Respondent. 2) I am informed that Applicant is custodian of a minor daughter aged about two years.

3) In para 3 of the Marriage Petition No. 147/2019 which is initiated on the file of Civil Judge Senior Division, Nanded, following pleadings are made:

"That, the respondent is well qualified and does service as Sales Tax Inspector at Pune and the Plaintiff is also doctor and is in service at District Civil Hospital Pune. During the wedlock the respondent has got a child namely Swarali, who is 1/2

59.168.22 mca.doc now 14 months old."

4) As such, it is quite clear that Respondent himself is working in Pune and has intentionally initiated proceedings at Nanded so as to cause hardship to the Applicant. Since the contentions raised in the Application are not controverted and D.V. Act proceedings being 4/2020 initiated by the Applicant are pending on the file of Judicial Magistrate First Class, Khadki, case for showing indulgence is made out.

5) Application is allowed in terms of prayer clause (a) which reads thus:

"(a) The Hon'ble High Court may be pleased to allow the present proceeding and thereby transfer Marriage Petition No. 147 of 2019 from the court of learned Civil Judge Senior Division Nanded to the court of competent jurisdiction Hon'ble Family Court Pune by issuing appropriate orders for the said purpose." [NITIN W. SAMBRE, J.] 2/2