Smt. Pallavi W/O. Akshay Bakshi Alias Pallavi D/O. Madhav Bidvai v. Akshay S/O. Mukund Bakshi

(918)-MCA-130-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.04.01 10:15:55 +0530 BALAJI GOVINDRAO PANCHAL MISC. CIVIL APPLICATION NO.130 OF 2021 Smt. Pallavi W/o Akshay Bakshi alias Pallavi D/o Madhav Bidvai ..Applicant

Versus

Mr. Akshay S/o Mukund Bakshi ..Respondent Ms. Divya Bhatia a/w Onkar Wable i/by Adesh Watane, for the Applicant.

CORAM : NITIN W. SAMBRE, J.

DATE : 31th MARCH, 2022 P.C.

1.

Heard Ms. Divya Bhatia holding for Mr. Adesh Watane, learned counsel appearing for the applicant.

2.

Though served none appears for the non-applicant. 3.

The provisions of Section 24 of the CPC are invoked as the applicant/wife is seeking transfer of proceeding in HMP Nos.A83 of 2021 and A-80 of 2021 pending on the file of Family Court, Aurangabad to the Family Court, Pune.

4.

It is claimed that the proceedings were initiated at Aurangabad, as after matrimonial discord applicant was residing with her parents. It is urged that the applicant is not getting any BGP.

(918)-MCA-130-21.doc.

maintenance. As such, she is economically dependent on her parents. By way of additional affidavit, posting order of the applicant's father to Pune is placed on record, which is one of the ground cited for prayer of transfer.

5.

Having appreciated the aforesaid submissions which are not controverted by the non-applicant, it can be inferred that the ground of hardship as is canvassed is made out. It can be inferred that the applicant is dependent on her parents, as the non-applicant is not paying any maintenance to her.

6.

In that view of the matter, application stands allowed in terms of prayer clause (b).

[NITIN W. SAMBRE, J.] BGP.