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Bombay High CourtMCA/210/2021disposed off

Sou. Asmita Prabuddha Vanjare v. Shri. Prabuddha Dadasaheb Vanjare

2022-01-24Hon'Ble Shri Justice Nitin W. Sambre2 pages

43 MCA-210-21.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 210 OF 2021 by BHARAT DASHARATH PANDIT Date: 2022.01.25 17:51:23 +0530 Sou. Asmita Prabuddha Vanjare ....Applicant V/s Shri Prabuddha Dadasaheb Vanjare .....Respondent --- Mr. Sachin Gite for the Applicant Mr. Vikas B. Shivarkar for the Respondent.

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

DATE: JANUARY 24, 2022 P.C.:- 1] Prayer for transfer is opposed on the ground that proceedings are initiated by the Applicant-wife, after husband has initiated divorce proceedings being Petition No.A/2043/2021 on the file of Family Court Pune.

2] Considering the distance between Pune and Nashik which is around 200 kilometers one way, and the fact that proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, so also proceedings under D.V. Act are pending at the behest of Applicant-wife, case for transfer is made out on the ground of hardship.

3] As such Application is allowed in terms of prayer clause (a) which reads asunder:- 1/2

43 MCA-210-21.doc "(a) This Hon'ble Court may be pleased to direct the transfer of the proceedings bearing Petition No.A/2043/2021 filed by the Respondent before the Family Court, at Pune to the Family Court, at Nashik, in the interest of justice."

4] It is further observed that all the three proceedings, as far as possible, be posted on same day looking to the convenience of the parties.

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