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Bombay High CourtMCA/313/2022allowed

Smt. Navatharanjani Rohan Gundu v. Shri. Rohan Vishwanath Gundu And Another

2023-02-03Hon'Ble Shri Justice Amit Borkar2 pages

Tauseef Farooqui 32-MCA.313.2022.doc TAUSEEF LAIQUEE FAROOQUI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION TAUSEEF LAIQUEE FAROOQUI Date: 2023.02.07 10:54:43 +0530 MISCELLANEOUS CIVIL APPLICATION NO.313 OF 2022 Smt. Navatharanjani Rohan Gundu ...Applicant V/s.

Shri. Rohan Vishwanath Gundu & Anr.

...Respondents

Mr. R. R. Tripathi for Applicant.

Mr. Manan Talati i/by Mr. Nikhilesh Pote for Respondents.

CORAM

:AMIT BORKAR, J.

DATED :FEBRUARY 03, 2023 P.C.:

1.

The wife has filed present application seeking transfer of proceedings pending before Family Court Pune to Family Court Thane.

2.

The marriage between applicant and respondent no.1 took place on 14th May 2011. Out of the said wed-lock, the applicant and opponent have son aged 7 years and another son aged 2 years.

3.

Due to matrimonial differences between the parties, the applicant filed domestic violence proceedings before the learned Judicial Magistrate, Bhiwandi, on 29th March 2022. The husband has filed petition bearing no.57 of 2022 before Family Court Pune, for custody of applicant'

s elder son. The applicant has, therefore, filed present application seeking transfer of

Tauseef Farooqui 32-MCA.313.2022.doc proceedings pending before Family Court Pune to Family Court Thane. The opponent has not filed reply.

4.

The applicant has stated that it is not convenient for her to attend proceedings before Family Court Pune, as she is residing at Bhiwandi. The proceedings filed by applicant are already pending before the Family Court at Bhiwandi and, therefore, the husband would anyway required to attend the proceedings pending before the Court at Bhiwandi. 5.

Considering the distance between Pune and Bhiwandi, in my opinion, it would be convenient for the wife to transfer the proceedings pending before Family Court Pune to Family Court Thane. The application is, therefore, allowed in terms of prayer clause (a).

(AMIT BORKAR, J.)