Aaditi Ashish Limje v. Ashish Bhaskar Limje

Shubhada S Kadam 47-mca-325-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.325 OF 2023 Aaditi Ashish Limje ... Applicant versus Ashish Bhaskar Limje .... Respondent Mr. Yash Vora, Advocate for the Applicant.

CORAM : SHIVKUMAR DIGE, J.

DATE : 26th FEBRUARY, 2024.

P.C. :

1.

By this application, applicant is seeking transfer of divorce petition filed by respondent, which is pending before the Family Court at Bhandara to Family Court at Pune.

2.

It is the contention of learned counsel for the applicant that applicant stays at Pune. She is finding it difficult to attend the Court's dates at Family Court at Bhandara. Learned counsel further submitted that applicant has filed proceedings for maintenance against the respondent before the Family Court at Pune. The respondent appears in the said proceedings. Hence, requested to allow the application. Though respondent is served, none present for the respondent. Sufficient chances are given to the respondent to go on with the matter. Today also, nobody is present on behalf of the respondent. Hence, I am deciding this application on merit. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.03.01 11:59:50 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 47-mca-325-2023.doc 5.

I have heard learned counsel for the applicant. The applicant has filed maintenance proceedings at Family Court at Pune. The respondent - husband appears in that matter. The applicant is finding it difficult to attend Court's dates in divorce proceedings filed by respondent, which is pending before the the Family Court at Bhandara. The distance between Pune and Bhandara is more than 600 kilometers. It is settled principle of law that convenience of the wife has to be considered over the husband in case of transfer petition. 5.

In view of above, I pass following order :

1. Application is allowed.

2. Petition No. 105 of 2023 pending before the Family Court at Bhandara be transferred to Family Court at Pune.

3. Both parties to appear before the Family Court at Pune on 26th March 2024.

Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2