Apeksha Sachin Kamble v. Sachin Nagnath Kamble

Tikam 4- MCA 35 of 2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 35 OF 2023 Apeksha Sachin Kamble ... Applicant VAISHALI ANIL TIKAM versus Sachin Nagnath Kamble .... Respondent by VAISHALI ANIL TIKAM Date:

2024.05.02 12:39:22 +0530 Mr. Atish S. Mahade i/by Ganesh Bhujbal, Advocate for the Applicant. CORAM : SHIVKUMAR DIGE, J.

DATE : 25th APRIL, 2024.

P.C. :

1.

By this application, Applicant is seeking transfer of divorce petition pending before the Family Court, Pune to Family Court CBD-Belapur, Thane.

2.

It is contention of learned counsel for the Applicant that Applicant stays with her minor daughter and old age parents at Koparkhairane. Distance between Belapur to Pune is more than 160 kms. The Applicant is finding difficult to attend the Court at Pune. Hence, requested to allow the Application.

3.

Though Respondent is served, none present for Respondent. Hence, I am deciding this application on merit. 4.

I have heard learned counsel for the Applicant. Applicant stays at 1/2

Tikam 4- MCA 35 of 2023.doc Koparkhairane with minor daughter and old age parents. Distance between Belapur to Pune is more than 160 kms. The Applicant is finding difficult to attend the Court at Pune. IIt is settled principle of law that convenience of the wife has to be considered over the husband in case of transfer petition.

5.

In view of above, I pass following order :

1. Application is allowed.

2. Hindu Marriage Petition No.1152 of 2022 pending before the Family Court, Pune be transferred to Family Court, CBDBelapur,Thane. Misc. Civil Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2