Sujata Shivraj Kokane v. Shivraj Machhindra Kokane

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.03.14 10:29:06 +0530 41.266.21 mca.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 266 OF 2021 SUJATA SHIVRAJ KOKANE ....APPLICANT V/s.

SHIVRAJ MACHHINDRA KOKANE .....RESPONDENT Mr. Dheeraj Panchange Advocate for the Applicant CORAM :

NITIN W. SAMBRE, J.

DATE:

MARCH 9, 2022.

P.C.:

1) Heard. None appears for the non-applicant though served. 2) Applicant and non-applicant, after matrimonial discord have initiated various proceedings. At the behest of Applicant, proceedings under Section 12 of Domestic Violence Act being PWDVA No. 280/2018 are pending on the file of Judicial Magistrate First Class, Ulhasnagar. Applicant is also custodian of a minor child. 3) Non-Applicant has initiated proceedings under Hindu Marriage Act being Hindu Marriage Petition No. 121 of 2021 on the file of 1/2

41.266.21 mca.doc Family Court, Kolhapur of which transfer is sought to the Family Court, Kalyan.

4) Applicant will suffer more hardship as she will be required to travel alongwith her minor son and non-applicant has not come forward by offering any travel expenses. Though served, contentions of hardship are not controverted. In the aforesaid background, Application is allowed in terms of prayer clause (b) which reads thus: (b) Be pleased to transfer Hindu Marriage Petition No. 121/2021, pending on the file of Hon'ble Family Court, Kolhapur to Hon'ble Civil Judge Senior Division, Kalyan.

[NITIN W. SAMBRE, J.] 2/2