Mrs. Yamini @ Jayshree Ganesh Jadhav v. Shri. Ganesh Popatrao Jadhav

12 MCA speaking OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.162 OF 2018 Yamini @ Jayeshree Ganesh Jadhav ...

Applicant.

V/s.

Ganesh Popatrao Jadhav ...

Respondent Mr. Raju M. Yamgar, a/w Mr. A.M. Reddy, for the applicant./ none for respondent CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 7th AUGUST, 2018.

P.C. :

1] Heard learned counsel for the applicant. Perused the say filed by the respondent.

2] Respondent and his advocate is, however, is absent. 3] This application is filed under Section 24 of the Code of Civil Procedure, by the applicant seeking transfer of Marriage Petition No.287 of 2018, pending in the Court of Family Court, Nashik to the Family Court at Thane.

4] The applicant is resident of Thane and is having responsibility of minor child of four years age. Considering the distance between Nasik and Thane which is 150 Kms one way, she is finding it difficult to attend the proceeding at Nashik and hence she 1/2

12 MCA speaking OF 2018.odt has filed application for transfer of the said proceeding to the Family Court, Thane.

5] Respondent has opposed this application vide his reply, on the count that there are two elder brothers of the applicant who can take care of the applicant's mother and also child. There is good connectivity between Thane and Nasik by bus and other transport vehicles also. Therefore, she can very well attend the Court at Nashik. He is already to bear the expenses of her travel and hence it is contended that application need not be granted. 6] It is true that respondent can bear the expenses of her travelling, but inconvenience which the applicant is likely to suffer on account of travel on each and every date and that too keeping her minor child of four years at home, cannot be compensated in terms of money and hence in order to enable the applicant to effectively prosecute the proceeding, this application is allowed. Marriage Petition No.287 of 2018, pending in the Family Court at Nashik is transferred to the Family Court at Thane.

7] Registry to inform the Court concerned.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2