Poonam Vishal Phase v. Vishal Vithal Phase

48 MCA-217-21.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION by BHARAT DASHARATH PANDIT Date: 2022.02.11 12:30:26 +0530 MISC. CIVIL APPLICATION NO. 217 OF 2021 Mrs Poonam Vishal Phase .... Applicant.

V/s Shri Vishal Vithal Phase .....Respondent --- Mr. Rajan S. Pawar for the Applicant.

---- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 10, 2022 P.C.:- 1] Parties to the Petition got married on 02/02/2017. Parties are blessed with daughter who is in the custody of the present Applicant. Non-applicant husband initiated proceedings being H.M.P. No.86 of 2021 pending on the file of Civil Judge, Senior Division, Nevasa, District Ahmednagar of which transfer is sought to Family Court, Nashik on the ground of hardship.

2] Though served, none appears for the non-applicant/husband. As such, contentions on the ground of hardship are not controverted. Looking to the convenience of the Applicant, it will be appropriate in my opinion to observe that ground of hardship is made out. 1/2

48 MCA-217-21.doc 3] Accordingly Application stands allowed. The proceedings bearing H.M.P. No.86 of 2021 pending on the file of Civil Judge, Senior Division, Nevasa, District Ahmednagar are ordered to be transferred to the Family Court, Nashik to be heard with connection Petitions. 4] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2