Varsha Sachin Varpe v. Sachin Shivajirao Varpe

38 MCA-73-19.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION MISC. CIVIL -APPLICATION NO.73 OF 2019 by BHARAT DASHARATH PANDIT Date: 2022.02.10 17:12:44 +0530 Varsha Sachin Varpe .... Applicant.

V/s Sachin Shivajirao Varpe .....Respondent --- Mr. Saurabh D. Butala for the Applicant.

---- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 09, 2022 P.C.:- 1] In spite of repeated chances given to the Respondent, none appears. As such, this Court is constrained to proceed with the hearing of the present matter.

2] Applicant got married with the Respondent on 18/02/2013 and parties are blessed with a daughter who is aged about 8 years. I am informed that the Applicant is a custodian of the said daughter. Applicant initiated D. V. Act proceedings being Criminal Misc. Application No.1280 of 2014 on the file of Judicial Magistrate, First Class, Panvel and in the said proceedings the Court has awarded maintenance in favour of the Applicant.

3] By this Application, Applicant is seeking transfer of H.M.P No.99 of 2015 pending on the file of Civil Judge, Senior Division, Beed to Civil Judge, Senior Division, Panvel. My attention is invited to the 1/2

38 MCA-73-19.doc pleadings of non-applicant in H.M.P. No.99 of 2015, particularly para 3 wherein it is stated by the non-applicant that he is serving in a private company at Mumbai.

4] In the aforesaid backdrop, considering the issue of hardship raised in favour of the Applicant who is a custodian of daughter, Application stands allowed in terms of prayer clause (a) which reads as under:- "(a) That this Hon'

ble Court may be pleased to transfer the H.M.P. No. 99 of 2015 pending before the Ld. Civil Judge, Senior Division, Beed to Ld. Civil Judge, Senior Division, Panvel."

5] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2