Jyoti Prithviraj Netkar v. Prithviraj Sudhakar Netkar

5-MCA-473-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.473 OF 2022 Jyoti Prithviraj Netkar .... Applicant V/s.

Prithviraj Sudhakar Netkar .... Respondent ---- Mr.Nikhil P. Mallelwar i/b Mr.Sachin Pawar, for the Applicant. None for Respondent.

by NILAM SANTOSH KAMBLE Date: 2024.03.05 10:52:57 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 4th MARCH 2024 P.C:- .

Leave to amend forthwith.

2.

By this Application, the Applicant is seeking transfer of Marriage Petition filed by the Respondent-Husband, which is pending before the Civil Judge Senior Division, Amalner, District-Jalgaon to Family Court, Thane.

3.

It is contention of the learned counsel for the Applicant that, the Applicant stays at Thane with her parents. The Applicant is finding difficult to attend the Court dates at Amalner. The distance between Amalner to Thane is more than N.S. Kamble page 1 of 2

5-MCA-473-2022.doc 300 km. Hence, requested to allow the Application. 4.

Though Respondent is served and sufficient chances given to the Respondent to argue the matter, but Respondent is absent. Hence, I am deciding this application on merit. 5.

The Applicant stays with her old age parents at Thane. The Applicant is finding difficult to attend the Court dates at Amalner. It is settled principle of law convenience of the wife has to be considered while transferring the Petition over the husband.

6.

In view of above, I pass following order.

ORDER

(i) The Marriage Petition No.215 of 2022 pending before Civil Judge Senior Division, Amalner, DistrictJalgaon be transferred to Family Court, Thane. (ii) Both the parties to appear before the concerned Court on 1st April 2024.

(iii) The Application is allowed and disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2