Mrs. Pallavi Amol Pawar v. Mr. Amol Andandrao Pawar

(6)-MCA-45-20.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BALAJI GOVINDRAO PANCHAL CIVIL APPELLATE JURISDICTION by BALAJI GOVINDRAO PANCHAL Date: 2022.02.18 18:18:21 +0530 MISC. CIVIL APPLICATION NO.45 OF 2020 Mrs. Pallavi Amol Pawar ..Applicant

Versus

Mr. Amol Anandrao Pawar ..Respondent Mr. Rajesh More, for the Applicant.

CORAM : NITIN W. SAMBRE, J.

DATE : 18th FEBRUARY, 2022 P.C.

1.

Heard.

2.

Leave to amend.

3.

Amendment be carried out forthwith.

4.

I am informed by the learned counsel for the applicant that applicant has already initiated proceedings under the Domestic Violence Act, which are pending on the file of JMFC, Pune which are attended by the non-applicant. Non-applicant has initiated proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, of which transfer is sought on the ground of hardship.

BGP.

(6)-MCA-45-20.doc.

5.

It is claimed that applicant will suffer hardship, if she is made to travel from Pune to Sangli to attend the proceedings instituted by the non-applicant. It is further claimed that there might be overlapping of observations by the two different Courts on the same set of facts and evidence, if the proceedings are not transferred.

6.

The contentions are not controverted, as the nonapplicant though served has not appeared. 7.

That being so, application is allowed in terms of prayer clause (a).

[NITIN W. SAMBRE, J.] BGP.