Yogesh Muralidhar Mahale v. Tejashree Yogesh Mahale
2024:BHC-AUG:16580
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 906 MISC.CIVIL APPLICATION NO. 27 OF 2024 Yogesh Muralidhar Mahale
VERSUS
Tejashree Yogesh Mahale ...
Advocate for Applicant : Mr. Bhushan MahajNone ...
CORAM : R. M. JOSHI, J.
Dated : August 02, 2024 PER COURT :- 1.
Heard learned Counsel for applicant. None for respondent in spite of service of notice.
2.
This application is filed by applicant for seeking transfer of Petitions No.A-252/2023, Petition No.C-12/2023 and Petition No.E-13/2023 filed before Family Court, Jalgaon to Family Court, Pune on the ground that not only the applicant is resident of Pune but also respondent along with the children is residing at Pune. In order to substantiate the said contention, Bailiff report in Marriage Petition No.1083/2023 is relied upon, which indicates that the brother of respondent had received the notice of the said proceeding wherein it is candidly said that she resides along with him and when the summons was sought to be served, she is out of the house. He has also placed on record the certificate issued by the Principal of Vidyavally International School, Chakan, Taluka Khed, District Pune indicating that the daughter is studying in the said college in 11 th Standard at Pune. So also, son of the applicant and respondent is studying in Pune in view of the certificate issued by SNBP International Page 1 of
906 MCA 27-2024 School, Pune.
3.
The contention of the applicant is not disputed by the respondent. In absence of any dispute made with regard to these facts, this Court has no other option but to hold that the respondent is resident of Pune. The children are also made as a party to the proceeding before Family Court, Jalgaon. Thus, it would be in their interest that the said proceedings are conducted at Pune instead of Jalgaon. 4.
Having regard to the aforestated facts and in the interest of parties concerned, the proceedings bearing Petition No.A-252/2023, No.C-12/2023 and No.E-13/2023 are transferred from Family Court, Jalgaon to Family Court, Pune.
5.
The application stands allowed in terms of prayer Clause 'B'. ( R. M. JOSHI, J. ) vj gawade/-.
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