Mrs. Manashree Tushar Patel v. Mr. Tushar Naginbhai Patel And ANR

906 MCA 67 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.67 OF 2018 Mrs. Manashree Tushar Patel ...

Applicant.

V/s.

Tushar Patel and anr ...

Respondents Ms. J.H. Dedhia i/by Ms. Chaitra R. Pawar, for the applicant.

Mr. A. R. Patil, AGP for respondent State CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 18th JULY, 2018.

P.C. :

1] This application is filed under Section 24 of the Code of Civil Procedure, for transfer of H.M.P. No.167 of 2017, filed by the respondent No.1, in the Court of Civil Judge Senior Division, Panvel, to the Family Court at Thane.

2] Though notice of this application was duly served on the respondent No.1 through Court and also by private service, he remained absent.

3] Applicant is the wife of respondent No.1. At present she is residing at Thane along with her small daughter aged about 4 years. Hence, she is finding it difficult to attend the Court of Civil Judge Senior Division Panvel where respondent No.1, has filed this H.M.P. 1/2

906 MCA 67 OF 2018.odt No.167 of 2017 for divorce. The distance between Thane and Panvel is about 1 hour one way. She is also working at a distance of half an 1⁄2 hour from her residence and therefore, on each and every day it will be difficult for her to attend the Court at Panvel. 4] In view thereof, in order that the applicant is able to prosecute H.M.P. No. 167 of 2017 effectively and considering the inconvenience faced by her and having regard to the responsibility of her four year daughter, application is allowed. 5] H.M.P. No.167 of 2017, pending in the Court of Civil Judge Senior Division, Panvel, is transferred to the Family Court at Thane. 6] Application is disposed off in above terms.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2