Sau. Rohini Abhijit Kale v. Abhijit Prakash Kale

40. MCA-213-2021.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT Date: 2022.01.07 15:32:58 +0530 CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 213 OF 2021 SAU. ROHINI ABHIJIT KALE ....Applicant V/s ABHIJIT PRAKASH KALE .....Respondent --- Ms. Naina Boraste i/b Mr. Girish R. Agarwal for the Applicant. None for the Respondent.

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

DATE: JANUARY 06, 2022 P.C.:- 1] Heard.

2] Ms. Naina Borsate, learned Advocate for the Applicant submits that service on non-applicant is already complete and affidavit of service is tendered.

3] Though served, none appears for non-applicant/husband. 4] By this Application, Applicant-wife is seeking transfer of Marriage Petition No.465 of 2020 pending on the file of Civil Judge, Senior Division, Thane to the Court of Civil Judge, Senior Division, Karad. I am informed that apart from aforesaid proceedings filed by the Respondent-husband, Applicant-wife has initiated proceedings under Section 12 of the D.V. Act, which are pending on the file of 1/2

40. MCA-213-2021.doc Judicial Magistrate, First Class, Karad. It is also brought to my notice that Applicant-wife is a custodian of minor child and considering the distance between Karad and Thane, she will suffer great financial and physical hardship.

5] The aforesaid contentions, in my opinion, prima facie are required to be accepted as same are not controverted. 6] That being so, considering the hardship faced by the Applicantwife, Application is allowed in terms of prayer clause (b). Prayer clause (b) reads as under:- "(b) Pass an appropriate order directing the transfer of Marriage Petition No.465 of 2020 pending before the Civil Judge, Senior Division, Thane, to the Civil Judge, Senior Division, Karad."

7] Application is disposed of.

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