Vaishali Abhishek Gujar v. Abhishek Manohar Gujar

Shantanu Dhudum 1-MCA-288-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 288 OF 2023 Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.04.03 18:34:31 +0530 Vaishali Abhishek Gujar ....Applicant

Versus

SHANTANU SHANKARSA DHUDUM Abhishek Manohar Gujar ....Respondent ----- Mr. Akshay Dunde i/b Expert Jurist LLP, Advocate for the Applicant. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 2nd APRIL, 2024.

P.C. :

1.

By this application, Applicant is seeking transfer of marriage petition pending before the Family Court, Bandra to Family Court, Pune.

2.

Learned counsel for the Applicant submits that Applicant stays with two year child at Pune. The child is totally dependent on the Applicant. The Respondent is not pay any maintenance to the Applicant. Applicant is finding difficult to attend the Court's date at Bandra. Hence, requested to allow the Application. 3.

Though Respondent served, none present for the Respondent. Sufficient chances are given to the Respondent to go on 1/2

Shantanu Dhudum 1-MCA-288-2023.doc with the matter. Today also non present for the Respondent hence, I am deciding this Application on merit.

4.

Heard learned counsel for the Applicant.

5.

Applicant stays with two year child at Pune. The child is totally depend on the Applicant. Applicant is finding difficult to attend the Court's date at Bandra. 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 the order.

ORDER

i. Application is allowed.

ii. The marriage petition No. A-498 of 2023 pending before the Family Court, Bandra be transferred to Family Court, Pune.

iii. Both the parties to appear before the Family Court, Pune on 22nd April, 2024.

.

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