Mrs Varsha Vilas Jadhav v. Mr Vilas Kashinath Jadhav

Shubhada S Kadam 13-mca-343-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 343 OF 2023 Varsha Vilas Jadhav ... Applicant versus Vilas Kashinath Jadhav .... Respondent Mr. Dinesh Adsule i/b. Mr. Raunak Jain, Advocate for the Applicant. CORAM : SHIVKUMAR DIGE, J.

DATE : 13th MARCH, 2024.

P.C. :

1.

By this application, the applicant is seeking transfer of marriage petition filed by respondent-husband which is pending before the Civil Judge, Senior Division at Pune to Civil Judge, Senior Division at Panvel.

2.

It is the contention of learned counsel for the applicant that the applicant stays at Airoli, Navi Mumbai, with her aged mother. Her mother underwent surgery for brain tumour. The applicant is finding it difficult to attend the Court's dates at Pune. Hence, requested to allow the application.

3.

Though respondent is served, none present for the respondent. Hence, I am deciding this application on merit. 4.

I have heard learned counsel for the applicant. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.03.14 18:27:34 +0530 SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 13-mca-343-2023.doc 5.

The applicant stays with her aged mother at Airoli, her mother underwent surgery for brain tumour. The applicant works at Navi Mumbai, she is finding it difficult to attend Court's dates at Pune. It is settled principle of law that convenience of the wife has to be considered over the husband in case of transfer of petition.

5.

In view of above, I pass following order :

1. Application is allowed.

2. Marriage Petition No.1314 of 2020 which is pending before the Civil Judge, Senior Division at Pune be transferred to Civil Judge, Senior Division at Panvel.

3. Both parties to appear before the Civil Judge, Senior Division at Panvel on 15th April 2024.

Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2