Vandana Avinash Tate v. Avinash Vibhishan Tate

2025:BHC-AUG:16779 mca 38.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 MISC.CIVIL APPLICATION NO. 38 OF 2022 Vandana Avinash Tate

VERSUS

Avinash Vibhishan Tate ...

Advocate for Applicant : Mr. N.S. Salunke Advocate for Respondent : Mr. R. B. Singare CORAM : S. G. CHAPALGAONKAR, J.

Dated : June 30, 2025 PER COURT :- 1.

Present application is filed by wife to transfer the Marriage Petition no.288 of 2021 pending before the learned Civil Judge S.D., Barshi, Tq Barshi, District Solapur to the learned Civil Judge S.D., Osmanabad.

2.

Learned advocate appearing for applicant submits that out of the matrimonial relationship with respondent, there are two children and applicant is taking their care. Now, respondent has instituted Marriage Petition no.288 of 2021 before the Civil Judge S.D. at Barshi. She is residing alongwith her children at Tuljapur and it would be convenient for her if proceeding is transferred to Civil Judge S.D. Osmanabad.

mca 38.22.odt 3.

Looking to the averments in the application, definitely applicant-wife would face difficulties in attending the proceeding at Barshi. Apparently, there is no difficulty for respondent to attend proceeding at Osmanabad, if it is transferred for further hearing and disposal. Convenience of wife is to be given precedence in the matter of transfer of matrimonial proceedings.

4.

In that view of the matter, Misc. Civil Application is allowed in terms of prayer clause 'B' and disposed of. Parties to appear before the learned Civil Judge S.D., Osmanabad on 15.7.2025.

( S. G. CHAPALGAONKAR, J. ) ...

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