← Library
Bombay High CourtMCA/300/2023disposed off

Radha Rakesh Yadav v. Rakesh Praveen Yadav

2024-02-02Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 300 OF 2023 Radha Rakesh Yadav ....Applicant

Versus

Rakesh Praveen Yadav ....Respondent ----- Mr. Rakesh Patil, Advocate for the Applicant. Mr. Mothit Dalvi, Advocate for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2024.02.06 19:06:45 +0530 SHANTANU SHANKARSA DHUDUM DATE : 2nd FEBRUARY, 2024.

P.C. :

1.

By this application, Applicant is seeking transfer of the divorce petition filed by the Respondent-Husband from Court of Civil Judge, Senior Division, Ratnagiri to the Family Court, Kolhapur. 2.

Learned counsel for the Applicant submitted that the Applicant stays with her 6 years old son and parents at Kolhapur. She has no financial capacity to travel to Ratnagiri. It would be inconvenient for her to attend the Court's dates at Ratnagiri, as she has 6 years old son. Hence, requested to allow the Application. 1/3

3.

Learned counsel for the Respondent-Husband submits that husband is working in bank and he has to travel across Maharashtra for bank work. If petition is transferred at Kolhapur, it would be inconvenient for him to go to Kolhapur. The matter is fixed for filing evidence for the Respondent. Hence, requested to reject the Application.

4.

I have heard both learned counsel. Applicant stays with 6 years old son and parents at Kolhapur. She has no financial capacity to attend the Court's dates. The Respondent works in bank and travelling in all over Maharashtra, considering this fact he has no difficulty to attend the Court's date at Kolhapur. 5.

In view of above, I pass following order.

ORDER

i. Application is allowed.

ii. The marriage petition A-195-2022 pending before Civil Judge Senior Division, Ratnagiri be transferred to Family Court Kolhapur.

2/3

iii. Both the parties to appear before Family Court, Kolhapur on 6th March, 2024 at 11:00 a.m.

. Application is disposed of.

(SHIVKUMAR DIGE, J.) 3/3