Mrs. Shweta Sameer Kamble v. Mr. Sameer Malhar Kamble

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.3 OF 2018 Smt.Shweta Sameer Kamble ... Applicant Vs.

Sameer Malhar Kamble ... Respondent Ms.Sandhya Mailagir i/b Neesha Mailagir for the Applicant Ms.Anjali S. Ranade for Respondent CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: MARCH 9, 2018 P.C. :

1.

Affidavit in reply filed by Sameer Malhar Kamble is taken on record. This application is moved by the applicant/wife under section 24 of the Civil Procedure Code for transfer of Marriage Petition No.837 of 2017 from Family Court, Pune to the Family Court, Thane. The applicant/wife and the respondent/husband have two minor children - one is a three year old daughter and other is a 5 year old son. They got married in the year 2011, however, after the birth of their children, they started residing separately. The wife is residing at Thane and the husband is residing at Pune alongwith his mother. He filed divorce petition in the Family Court, Pune. It is submitted by the learned Counsel for

the applicant that the applicant is a working mother, shouldering the responsibilities of two minor children, So, it is not possible for her to attend the Court dates at Pune and hence, it is to be transferred to the Family Court, Thane.

2.

The learned Counsel for the respondent/husband submits that the respondent / husband is having business in Pune and he has the responsibility of his mother, who is 70 years old. She is a patient of Osteoarthritis and, therefore, it is not possible for him to attend the Court dates at Thane.

3.

Considered the submissions. Perused the application and the affidavit of Sameer Malhar Kamble and also the medical papers of his mother - Jayashree Malhar Kamble. I have weighed the difficulties and inconvenience of both the parties. The applicant/wife is in custody of two minor children. She is also a working woman. The husband is having his business and the distance between Pune and Thane can be travelled within 31⁄2 hours.

4.

In view of this, the petition pending in the Family Court, Pune is hereby transferred to Family Court, Thane. Parties to appear

before the Family Court, Thane on 22.3.2018 at 11am. The Family Court, Pune to transfer the matter to Family Court, Thane on or before 20.3.2018.

5.

Application is disposed of accordingly.

(MRIDULA BHATKAR, J.)