Apeksha Ashish Boyne v. Ashish Subhash Boyne

S.S.Kilaje 19-MCA-205-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 205 OF 2023 Apeksha Ashish Boyne ... Applicant

Versus

Ashish Subhash Boyne

...Respondent

Ms. Tanvi Tapkire, Advocate for the Applicant. Mr. Hitendra Parab i/b. Mr. Tanveer Khan, Advocate for Respondent. CORAM : SHIVKUMAR DIGE, J.

DATE : 4th APRIL, 2024.

P.C. :

1.

By this application, applicant is seeking transfer of divorce proceeding pending before the Family Court at Pune to Family Court at Sangli.

2.

Learned counsel for the applicant submits that applicant has filed proceedings under Protection of Women from Domestic Violence Act and under Section 498-A of Indian Penal Court which are pending before the Court at Sangli. Applicant works at Bangalore. It is finding difficult to her to attend the court dates at Sangli and Pune. Hence requested to transfer the divorce proceeding filed by the respondent to Sangli. 3.

Learned counsel for the respondent strongly objected to allow the application on the ground that no sufficient reason is given for transfer of 1/2

S.S.Kilaje 19-MCA-205-2023.doc divorce proceedings. Learned counsel further submits that if this Court inclined to allow the application of applicant, the Court dates of all the proceedings be kept at one date.

4.

I have heard both the learned counsel. The two proceedings filed by the applicant are pending before the Sangli Court. Applicant works at Bangalore. Considering this fact, I pass following order.

ORDER

(i) The application is allowed.

(ii) Petition No. A-1166 of 2022 pending before the Family Court at Pune be transferred to Family Court at Sangli. (iii) The Trial Court in divorce proceeding and criminal proceeding u/s. 498A of I.P.C. are requested to keep both the matters on same date.

(iv) Both the parties to appear before the concerned Court on 29.04.2024.

5.

The application is disposed of.

(SHIVKUMAR DIGE, J.) by SONALI SATISH KILAJE Date:

2024.04.08 16:22:57 +0530 SONALI SATISH KILAJE 2/2