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Bombay High CourtMCA/142/2022disposed off

Bhagyashree Sagar Hatte @ Miss Bhagyashree Parmeshwar Jamdade v. Sagar Suresh Hatte

2024-01-23Hon'Ble Shri Justice Shivkumar Dige2 pages

S.S.Kilaje 34-MCA-142-22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 142 OF 2022 Bhagyashree Sagar Hatte @ Bhagyashree Parmeshwar Jamdade ... Applicant

Versus

Sagar Suresh Hatte

...Respondent

Mr. Sachin Deokar a/w. Mr. Vignesh Ashokar, Advocate for the Applicant. Mr. Tejas Vijaykumar Dhotre, Advocate for Respondent. CORAM : SHIVKUMAR DIGE, J.

DATE : 23rd JANUARY, 2024.

P.C. :

1.

By this application, applicant is praying for transfer of Marriage Petition No. A-2319 of 2021 pending in Family Court at Bandra to Family Court at Pune.

2.

Learned counsel for the applicant further submits that applicant stays at Pune with her parents and finding it difficult to attend the Court dates at Family Court at Bandra hence requested to transfer the Petition filed by the respondent at Family Court, Bandra to Family Court, Pune. 3.

Learned counsel for the respondent strongly objects to allow the application on the ground that no reasons are given for transfer of Petition. The applicant want to harass the respondent on that count only she has filed this application, hence requested to reject the application. 1/2

S.S.Kilaje 34-MCA-142-22.doc 4.

I have heard both the learned counsel.

5.

The applicant is praying for transfer of Marriage Petition pending at Family Court at Bandra to Family Court at Pune as she stays Pune with her parents and it is finding difficult her to come to Family Court at Bandra. It is settled law that convenience of wife should be taken into consideration while deciding the transfer Petition. 6.

In view of the above, I pass following order: (i) The Application is allowed.

(ii) Marriage Petition No. No. A-2319 of 2021 pending in the Family Court at Bandra be transferred to Family Court at Pune.

(iii) Respondent can file application before the Family Court at Pune for appearing through video conferencing. The Court can decide the said application on its own merits.

(iv) Both the parties to appear before the Family Court at Pune on 2nd February, 2024.

by SONALI SATISH KILAJE Date:

2024.01.25 11:47:32 +0530 SONALI SATISH KILAJE (SHIVKUMAR DIGE, J.) 2/2