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Bombay High CourtMCA/25/2018

Mrs. Anjali Parag Kinikar @ Anjali Ramkrishna Deshpande v. Mr. Parag Sudhir Kinikar

2018-10-05Hon'Ble Shri Justice Arun Madhav Dhavale3 pages

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO.25 OF 2018 Anjali Parag Kinikar @ Anjali Ramkrishna Deshpande .....

Applicant vs Parag Sudhir Kinikar ....

.

Respondent Mr.Mangesh Joshi for Applicant.

CORAM : A.M.DHAVALE, J DATE : 5TH OCTOBER, 2018 P.C The respondent is served with notice dated 25.6.2018 on 26.5.2018 but, he has not appeared.

1.

The wife seeks transfer of HMP No.1100 of 2017 filed by her husband for divorce in the Family Court, Pune to Family Court Solapur.

2.

The marriage between the parties had taken place at Pune. The matrimonial house is at Solapur. Besides, the wife was required to leave her house in February 2016 on account of torture and cruelty. She claimed that her parents are very old and infirm. Learned counsel for the applicant states that Pune Court is 250 kms

2/3 away from Solapur. It is not practically convenient for her as there is nobody to accompany her. The husband though served, has not appeared.

3.

For the reasons afore-stated and relying on the Judgment of SUMITI SINGH's case AIR 2002 SUPREME COURT 396 and in the light of uncontroverted facts, the application is allowed.

4.

HMP No.1100 of 2017 is transferred from the Family Court, Pune to the Family Court Solapur.

The Registrar, Family Court, Pune to transmit the record to the Family Court, Solapur at the earliest. 5.

The applicant is directed to appear in the Family Court at Solapur on 27.10.2018 and shall give intimation to the other side by e-mail or through electronic communication or sms.

3/3 Misc.Civil Application stands disposed of.

{A.M.DHAVALE, J}