← Library
Bombay High CourtMCA/365/2019disposed off

Mrs. Anita Dhanpalji Patil v. Mr. Dhanpalji Gundoji Patil

2022-01-12Hon'Ble Shri Justice Nitin W. Sambre2 pages

(1)-MCA-365-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.01.13 10:52:04 +0530 MISC. CIVIL APPLICATION NO.365 OF 2019 BALAJI GOVINDRAO PANCHAL Mrs. Anita Dhanpalji Patil ..Applicant

Versus

Mr. Dhanpalji Gundoji Patil ..Respondent Ms. Sandhya Mailagir i/by Mr. Anil D. Joshi, for the Applicant. None for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 12th JANUARY, 2022 P.C.

1.

Though served none appears for the respondent/ husband.

2.

Even on the last occasion, none appeared for the respondent.

3.

Present proceedings are taken out by the applicant/wife seeking transfer of matrimonial proceedings being Marriage Petition No.840 of 2019 initiated by the respondent/husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act for divorce. 4.

It is the contention of the counsel for the applicant that the applicant has suffered orthopedic injury and underwent surgery because of which she has restricted physical movement. Apart from BGP.

(1)-MCA-365-19.doc.

above, it is claimed that applicant has resigned from services as her health is not supporting. As such, it is claimed that physically, so also financially applicant will suffer more hardship, if she is made to travel from Kolhapur to Pune to attend the proceedings. 5.

Contentions in the application are not controverted. 6.

That being so, application is allowed in terms of prayer clause (A), as it is established that the applicant will suffer hardship, if the application is not allowed.

[NITIN W. SAMBRE, J.] BGP.