Nikita Virant Pawar v. Vikrant Vijay Pawar

Shubhada S Kadam 36-MCA-285-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 285 OF 2023 Nikita Vikrant Pawar ... Applicant versus Vikrant Vijay Pawar .... Respondent Mr. Amul Jawale, Advocate for the Applicant.

CORAM : SHIVKUMAR DIGE, J.

DATE : 13th MARCH, 2024.

P.C. :

1.

Heard learned counsel for the applicant.

2.

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 Pandurpur to Civil Judge, Senior Division at Panvel.

3.

It is the contention of learned counsel for the applicant that the applicant stays at Panvel with her three year old son and her parents. The applicant is finding it difficult to attend the Court's dates at Pandharpur as the distance between Pandharpur and Panvel is more than 300 kilometers. Hence, requested to allow the application. 4.

Though respondent is served, none present for the respondent. Hence, I am deciding this application on merit. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.03.14 17:44:45 +0530 SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 36-MCA-285-2023.doc 5.

The applicant stays with her three year old son and parents at Panvel, she is finding it difficult to attend Court's dates at Pandharpur as the distance between Pandharpur and Panvel is more than 300 kilometers. 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.310 of 2022 which is pending before the Civil Judge, Senior Division at Pandharpur 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