Mrs. Sonali Sagar Helkar v. Mr. Sagar Vaijyanath Helkar

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.201 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.B.Tajane for the Applicant CORAM : K. K. TATED, J DATE : JULY 10, 2019 P.C.:

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Heard.

Though Respondent is duly served, no one appeared on behalf of him when the matter was called out.

By this Misc. Civil Application, Applicant wife under section 24 of the Code of Civil Procedure, 1908 seeks transfer of Hindu Marriage Petition No.602 of 2018 filed by Respondent husband for divorce in the court of Civil Judge, Senior Division, Pune to the Family Court at Solapur for hearing and final disposal along with Petition No.A-122 of 2018 filed by Applicant wife.

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The learned counsel for the Applicant wife submits that, filed Petition No.A-122 of 2018 for divorce against the Respondent husband.

He submits that Applicant is housewife. She does not have any source of income. Apart from that, she has to take care of her child who is two years old. He submits that the distance between Solapur to Pune is more than 250 kms. He submits that it is very difficult for the Applicant to travel along with minor child on each and every date at Pune. He submits that in the interest of Justice, this Hon'ble Court be pleased to transfer the petition filed by Respondent husband at Pune to Family Court at Solapur so that same can be decided along with petition filed by the Applicant for the same cause of action.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as Applicant has to travel more than 250 kms along with two years old child and also that petition filed by Applicant wife for divorce is also pending at Solapur, I am satisfied that Applicant has made out a case for following order :

A.

Misc. Civil Application is allowed in terms of prayer clause (a) which reads thus:

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"(a) This Hon'ble Court be pleased to transfer Marriage Petition No.602 of 2018 filed by the Respondent Husband in the Court of Learned Civil Judge, Senior Division, Pune to the Family Court at Solapur for hearing alongwith Petition No.A 122 of 2018 filed by the Applicant Wife."

B.

Misc. Civil Application stands disposed of accordingly.

(K.K.TATED, J.) 3/3