Trupti Vikrant Nagpurkar v. Vikrant Gopal Nagpurkar

Shantanu Dhudum 12-MCA-411-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 411 OF 2023 Trupti Vikrant Nagpurkar ....Applicant

Versus

Vikrant Gopal Nagpurkar ....Respondent ----- Mr. P. R. Rathod, Advocate for the Applicant. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2024.02.29 08:44:37 +0530 SHANTANU SHANKARSA DHUDUM DATE : 27th FEBRUARY, 2024.

P.C. :

1.

By this application, Applicant is seeking transfer of marriage petition No.690 of 2023 from Family Court Nagpur to Civil Judge Senior Division, Kalyan.

2.

It is contention of learned counsel for the Applicant that Applicant stays at Dombivli with her old age mother. She is finding difficult to attend the Court'

s date at Nagpur. The Respondent also stays at Navi Mumbai but to harass the Applicant he has filed petition at Family Court, Nagpur. Hence, requested to allow the Application. 3.

Though served, none present for the Respondent. Today 1/2

Shantanu Dhudum 12-MCA-411-2023.doc also none present for the Respondent. Hence, I am deciding this Application on merit.

4.

Applicant stays at Dombivli with her old age mother. Applicant is finding difficult to attend the Court' s date at Family Court, Nagpur. The distance between Dombivli to Nagpur is more than 700 km. It is contention of learned counsel for the Applicant that Respondent stays at Navi Mumbai. It is settled principle of law that convenience of wife has to be considered over the husband in case of transfer petition.

5.

In view of above, I pass following order.

ORDER

i. Application is allowed.

ii. The marriage petition No. 690 of 2023 pending before the Family Court Nagpur be transferred to Civil Judge, Senior Division, Kalyan.

iii. Both parties to appear before the Civil Judge, Senior Division, Kalyan on 28th March, 2024.

6.

The Miscellaneous Civil Application is disposed of. (SHIVKUMAR DIGE, J.) 2/2