Gauri Milind Khadtale v. Milind Pundlik Khadtale
31-MCA-264-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.264 OF 2023 Gauri Milind Khadtale .... Applicant V/s.
Milind Pundlik Khadtale .... Respondent ---- Mr.Pratik P. Pawar, for the Applicant.
None present for the Respondent.
by NILAM SANTOSH KAMBLE Date: 2024.03.05 10:52:55 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.
DATE : 4th MARCH 2024 P.C:- .
By this Application, the Applicant is seeking transfer of Marriage petition No.A-78/2019 pending before the Civil Judge Senior Division, Niphad to Family Court, Nashik. 2.
It is contention of the learned counsel for the Applicant that, the Applicant stays at Nashik Road with her parents and her minor daughter. The Applicant's father is suffering from cancer. The Applicant's to take care of her father and minor daughter. The Applicant is finding difficult to attend the Court dates at Niphad. Hence, requested to allow the N.S. Kamble page 1 of 2
31-MCA-264-2023.doc Application.
3.
Though Respondent is served and sufficient chances 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 and minor daughter at Nashik Road. Her father is suffering from cancer. The Applicant's to take care of father and minor daughter. It is finding difficult for her to attend the Court dates at Niphad. Considering the reasons mentioned in the Application as well as 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.A-78 of 2019 pending before Civil Judge Senior Division, Niphad be transferred to Family Court, Nashik.
(ii) Both the parties to appear before the concerned Court on 1st April 2024.
(iii) The Application is allowed and disposed of.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2