Mrws. Mohini W/O. Lakhan Sirwani v. Mr. Lakhan S/O. Topandas Sirwani

(50)-MCA-33-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.29 17:05:23 +0530 BALAJI GOVINDRAO PANCHAL MISC. CIVIL APPLICATION NO.33 OF 2022 Mrs. Mohini W/o Lakhan Sirwani ..Applicant

Versus

Mr. Lakhan S/o Topandas Sirwani ..Respondent Ms. Minal Chandnani i/by Jaiwant S. Chandnani Associates, for the Applicant.

CORAM : NITIN W. SAMBRE, J.

DATE : 28th MARCH, 2022 P.C.

1.

Though served none appears for the non-applicant. 2.

Parties hereto got married on 15th December, 1998. Parties are blessed with two children. Since 2015, parties are at loggerheads. As a consequence of which, out of matrimonial discord in 2015, applicant/wife initiated DV Act proceedings being MA No.557 of 2017 pending on the file of JMFC, Pimpri at Pune, whereas non-applicant has initiated proceedings at Family Court, Nanded being Petition No.A-43 of 2021 for dissolution of marriage, of which transfer is sought to the Court of Civil Judge, Senior Division, Pune.

3.

The ground of hardship is pressed, as it is informed that BGP.

(50)-MCA-33-22.doc.

applicant is not getting any maintenance and she will be required to travel to Nanded to attend proceedings. Since the contentions are not controverted, the ground of hardship is established in favour of the applicant.

4.

As such, application is allowed in terms of prayer clause (a).

[NITIN W. SAMBRE, J.] BGP.