Smt. Vidya Dinesh Sanshimath v. Mr. Dinesh Sanshimath

48 MCA382.2019.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 382 OF 2019 Smt. Vidya Dinesh Sanshimath .....Applicant.

V/s Mr. Dinesh Sanshimath ..... Respondent ---- Ms. Vaishali Jagdale for the Applicant Ms. Swapna P. Kode for the Respondent.

---- CORAM: NITIN W. SAMBRE, J.

DATE: JULY 14, 2021 P.C.:- 1] Transfer of marriage Petition No.609 of 2019 pending on the file of Family Court, Bandra, Mumbai is sought to the Court of Civil Judge, Senior Division, Kolhapur.

2] Based on the travel distance, contentions are, Applicant will be suffering more hardship.

3] Ms. Kode, the learned Counsel for the Respondent has opposed the claim on the ground that the Applicant has 1/2

48 MCA382.2019.doc outstayed the non-applicant from his house and non-applicant is required to take care of his aged mother. Apart from above, claim of limited financial resources of the non-applicant is also pressed. 4] The fact remains that travel time and the distance from Kolhapur to Bandra, Mubai is quite long and it virtually requires two days for travelling in case Applicant is required to attend the proceedings at Bandra, Mumbai. The distance between these two places is almost about 450 kilometers one way. As such, it is established that the Applicant will suffer more hardship. In that view of the matter, by overruling the objection raised by the learned Counsel for the non-applicant, Application is allowed in terms of prayer clause 15(b) which reads as under:- "15(b) This Honorable High Court may be pleased to transfer the proceedings bearing Marriage Petition No.609/2019 from the Honorable Family Court, Bandra, Mumbai to Ld. Civil Judge, Senior Division, Kolhapur;"

( NITIN W. SAMBRE, J. ) 2/2