Pooja Vishal Kare v. Vishal Raju Kare

41 MCA-153-21.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BHARAT DASHARATH PANDIT Date: 2022.02.10 10:47:00 +0530 CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.153 OF 2021 Sou. Pooja Vishal Kare ....Applicant.

V/s Vishal Raju Kare .....Respondent --- Mr. Prasad P. Kulkarni for the Applicant.

None for the Respondent ---- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 09, 2022 P.C.:- 1] Parties got married on 06/07/2018. Applicant is a custodian of son born out of the said wedlock. Matrimonial discord thereafter has resulted in to initiation of rival proceedings. Non-applicant/husband has initiated proceedings being Marriage Petition No.1094 of 2020 pending on the file of Civil Judge, Senior Division, Kalyan of which transfer is sought to Civil Judge, Senior Division, Barshi, as it is claimed that other proceedings initiated by wife are pending on the file of Judicial Magistrate, Madha, District Solapur. 2] In the wake of above, it is claimed that Applicant will suffer more hardship if prayer for transfer is not allowed. Since the contention is not controverted, having regard to distance between two places and the Applicant being custodian of minor child, case for transfer is made out.

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41 MCA-153-21.doc 3] Application is accordingly allowed in terms of prayer clause (a). Prayer clause (a) reads as under:- "a) The Marriage Petition No.1094 of 2020 pending before the Civil Judge, Senior Division, Kalyan Court be transferred to Civil Judge, Senior Division, Barshi Court."

4] Application is disposed of.

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