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Bombay High CourtMCA/502/2022disposed off

Mrs. Pooja Abhijit Dhanshetti v. Mr. Abhijit Sudhakar Dhanshetti

2024-05-10Hon'Ble Shri Justice Shivkumar Dige2 pages

28-MCA-502-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.502 OF 2022 Mrs.Pooja Abhijit Dhanshetti .... Applicant V/s.

Mr.Abhijit Sudhakar Dhanshetti .... Respondent ---- Ms.Tina Patel, for the Applicant.

by NILAM SANTOSH KAMBLE Date: 2024.05.10 18:13:54 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 10th MAY 2024 P.C:- .

By this Application, the Applicant is seeking transfer of Marriage Petition pending before the Civil Judge Senior Division, Vadgaon Maval to Family Court, Bandra. 2.

It is contention of the learned counsel for the Applicant that, the Applicant stays at Sion, Mumbai with her parents. She is hearing impaired. The distance between Vadgaon Maval to Sion is more than 150 km. The Applicant is finding difficult to attend the Court dates at Vadgaon Maval. Hence, requested to allow the Application.

3.

Though Respondent is served and sufficient chances N.S. Kamble page 1 of 2

28-MCA-502-2022.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 with her parents at Sion, Mumbai. She is hearing impaired. The distance between Vadgaon Maval to Sion is more than 150 km. The Applicant has filed D.V. Proceeding against Respondent which is pending before M.M. Court, Bandra. It is settled principle of law convenience of the wife has to be considered while transferring the Petition over the husband.

5.

In view of above, I pass following order.

ORDER

(i) The Marriage Petition No.392 of 2022pending before Civil Judge Senior Division, Vadgaon Maval be transferred to Family Court, Bandra.

(ii) The Application is allowed and disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2