Dhanashree Pankaj Rawool v. Pankaj Pramod Rawool

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 334 OF 2023 Dhanashree Pankaj Rawool ....Applicant

Versus

Pankaj Pramod Rawool ....Respondent ----- Mr. Ganesh Bhujbal, Advocate for the Applicant. None for the Respondent.

----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2024.02.11 11:28:11 +0530 DATE : 6th FEBRUARY, 2024.

P.C. :

TALLE SHUBHAM ASHOKRAO 1.

It is contention of learned Counsel for the Applicant that Respondent has filed Divorce Proceeding which is pending at Civil Judge Senior Division, Oros, District Sindhudurg. The Applicant stays at Diva, District Thane with her parents. The Applicant is finding difficult to attend the Court dates at Civil Judge Senior Division, Oros, District Sindhudurg. There is no one in the family of the Applicant to accompany her to attend the Court dates at Civil Judge Senior Division, Oros, District Sindhudurg. Hence, requested to allow the Application.

2.

Though Respondent served none present for Respondent, 1/3

sufficient chances are given to Respondent to go on with the matter. Today also none present for the Respondent. Hence, I am deciding this Application on merit, the Applicant has filed D. V. proceedings against Respondent/Husband which is pending before Family Court Thane. The Respondent attend the dates in that matter. The Applicant stays at Diva, District Thane with her parents. The Applicant is finding difficult to attend the Court's date at Civil Judge Senior Division, Oros, District Sindhudurg, there is no one in the family of Applicant to accompany her to attend the Court dates at Civil Judge Senior Division, Oros, District Sindhudurg.

3.

It is settled principal of law that convenience of the Applicant/Wife has to be considered over Respondent/Husband. While considering the transfer Petition.

4.

In view of above, I pass following Order.

ORDER

a) The Application is allowed.

b) The Marriage Petition No. 164 of 2022 pending before the Civil Judge Senior Division, Oros, District Sindhudurg be transferred to Family Court, Thane. c) Both the parties to appear before the Family Court, 2/3

Thane, on 5th March 2024.

5.

The Miscellaneous Civil Application is disposed of. (SHIVKUMAR DIGE, J.) 3/3