Mrs. Harshali Ajit Mohite v. Mr. Ajit Laxman Mohite

(2)-MCA-380-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.01.28 16:37:17 +0530 BALAJI GOVINDRAO PANCHAL MISC. CIVIL APPLICATION NO.380 OF 2019 Mrs. Harshali Ajit Mohite ..Applicant

Versus

Mr. Ajit Laxman Mohite ..Respondent Mr. Dinesh P. Adsule, for the Applicant.

Mr. Vikrant V. Parshurami, for the Respondent. CORAM : NITIN W. SAMBRE, J.

DATE : 28th JANUARY, 2022 P.C.

1.

This is an application taken out by the applicant/wife under Section 24 of the Code of Civil Procedure praying therein transfer of HMP No.1611 of 2018 pending before the Family Court at Bandra for grant of divorce.

2.

Parties to the application got married on 22nd January, 2017 at Thane and out of matrimonial discord, I am informed that the wife has already initiated proceedings for restitution of conjugal rights at Family Court, Bandra, Mumbai in 2018. It is further brought to my notice that the consent terms seeking divorce by mutual consent signed by both the parties on 18th February, 2019. A copy of which is placed on record at page No.79. Applicant herself has come out with a case that she is pursuing her studies in Yerla Medical College, Navi Mumbai for BHMS course. BGP.

(2)-MCA-380-19.doc.

3.

In the aforesaid background, contention of the learned counsel for the applicant that the applicant is residing with her father at Nashik and pursuing her education online does not appear to be germane to the cause, rather it could be inferred from the record that the applicant is very much residing nearby Bandra Family Court.

4.

In that view of the matter, no case for hardship is made out by the applicant.

5.

As such, application fails, rejected.

[NITIN W. SAMBRE, J.] BGP.