Mamta Saumil Sampat v. Saumil Chetan Sampat

Dusane 1/2 36 MCA 3.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.3 OF 2020 Mamta Saumil Sampat ....

Applicant Vs.

Saumil Chetan Sampat ....

Respondent Mr. Kiran D. Thawani for Applicant None for Respondent.

Coram : NITIN W. SAMBRE, J.

Date : 30TH JULY, 2021 P.C.:

1.

This application is preferred by the wife seeking transfer of matrimonial proceedings being Petition No. A-1267 of 2019 preferred by the Non-applicant/husband under Section 13 (1)(ia) of the Hindu Marriage Act from the Court of Principal Judge No. 1 at Family Court No.1, Bandra, Mumbai to the Family Court at Pune on the ground of hardship.

Dusane 2/2 36 MCA 3.2020.doc 2.

As according to the Applicant, she is required to take care of her old aged parents and the Respondent/ Non applicant is not supporting her. The aforesaid contentions are not disputed by the Nonapplicant/husband as he has chosen not to appear inspite of service. 3.

In the aforesaid background, the point of hardship has to be waived in favour the applicant/wife. That being so, the application is allowed in terms of prayer clause (a) of the application. ( NITIN W. SAMBRE, J.)