Mrs. Trupti Rohit Bhandare Nee Name Miss Trupti Satish Kurade v. Mr. Rohit Chandrakant Bhandare

Shantanu Dhudum 6--MCA-275-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 275 OF 2023 Trupti Rohit Bhandare Nee Miss. Trupti Satish Kurade ....Applicant

Versus

Rohit Chandrakant Bhandare ....Respondent ----- Mr. Vishal Mohan Dhamal, Advocate for the Applicant. Ms. Rachna Mamnani i/b Mr. P. P. Kulkarni, Advocate for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2024.04.26 11:10:20 +0530 SHANTANU SHANKARSA DHUDUM DATE : 24th APRIL, 2024.

P.C. :

1.

By this application, Applicant is praying for transfer of Restitution of Conjugal Rights petition pending before the Civil Judge Senior Division Ichalkaranji to Civil Judge Senior Division, Satara. 2.

It is contention of learned counsel for the Applicant that Applicant stays at Satara with two minor children. The distance between Satara to Ichalkaranji is more than 100 km. The Applicant has filed DV proceedings against the Respondent, which is pending at Satara. The Respondent attends the Court's date in the said proceedings. Applicant is finding difficult to go to Ichalkaranji. Hence, requested to allow the Application.

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Shantanu Dhudum 6--MCA-275-2023.doc 3.

It is contention of learned counsel for the Respondent that the distance between Satara to Ichalkaranji is short. Applicant can travel the said distance, only to harass the Respondent this Application has filed. There are no grounds for transfer of the Application. Hence requested to reject the Application.

4.

I have heard both learned counsel.

5.

Applicant stays at Satara with two minor children. She is taking care of minor children. The distance between Satara to Ichalkaranji is more than 100 km. The Applicant is finding difficult to attend the Court's date at Ichalkaranji. The Respondent attend the Court's date at Satara in DV proceedings. It is settled principle of law that convenience of the wife has to be considered over the husband in case of transfer petition. 6.

In view of above, I pass following order.

ORDER

i. Application is allowed.

ii. The Marriage Petition No.91 of 2023 pending before the Civil Judge Senior Division, Ichalkaranji be transferred to Civil Judge, Senior Division, Satara.

.

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