Shraddha Yogiraj Gaikwad v. Yogiraj Ravsaheb Gaikwad

- 1 - mca70.24.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 962 MISC. CIVIL APPLICATION NO. 70 OF 2024 Shraddha Yogiraj Gaikwad ....Applicant

VERSUS

Yogiraj Ravsaheb Gaikwad .....Respondent .....

Mr. A. B. Jagtap, Advocate for Applicant.

CORAM : R. M. JOSHI, J.

DATE : 29th NOVEMBER, 2024.

PER COURT :

1.

None for the Respondent though duly served. Absence of Respondent indicates that he has no inclination to oppose the application.

2.

Applicant is wife. She claims to have no source of income and has responsibility of a minor child. It is her case that she is residing at Thane whereas the marriage petition bearing No. 455/2023 is filed by Respondent/husband before Civil Judge Junior Division, Sangamner.

3.

Learned counsel for the Applicant submits that the distance between these two places is about 200 kms. In absence of

- 2 - mca70.24.odt any source of income and responsibility of child, prejudice will cause to the defence of the Applicant if she is compelled to appear before the Court at Sangamner.

4.

The contention of Applicant has gone uncontroverted. It is the settled position of law that convenience of wife should be given precedence over the convenience of husband, unless other circumstances exist. In view of the above, application stands allowed in terms of prayer clause 'A'.

( R. M. JOSHI) Judge dyb