Mrs. Sneha Mandar Lashkar v. Mandar Subhash Lashkar

(48) MCA-5-21.doc BDP-SPS-tac

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. APPLICATION NO. 5 OF 2021 Mrs. Sneha Mandar Lashkar ..... Applicant.

V/s Shri Mandar Subhash Lashkar ...... Respondent.

--- Mr. Rajan S. Pawar for the Applicant.

---- CORAM: NITIN W. SAMBRE, J.

DATE: JULY 08, 2021 P.C.:- 1] Though served, none appears for the non-applicant. 2] Transfer of proceedings being Petition-A-No.91 of 2020 pending on the file of Family Court, Ahmednagar is sought to the Family Court, Nashik. The proceedings are for divorce. The ground of hardship is pressed, particularly having regard to present psychological condition of the Applicant. Medical documents are relied on for the said purpose. 3] Since contentions are not controverted by the non-applicant and he has chosen not to appear in spite of service being effected on him, Application, in my opinion, needs to be allowed as the point of hardship has to be weighed in favour of the Applicant. 1/2

(48) MCA-5-21.doc 4] As such, Application is allowed in terms of prayer clause 14(b) which reads as under:- "14(b) That this Hon'ble Court be pleased to transfer the proceeding bearing Petition-A-No. 91 of 2020 pending on file before Learned Family Court, Ahemdnagar to Ld. Family Court, Nashik;"

( NITIN W. SAMBRE, J. ) 2/2