Swapna Amey Jadhav v. Amey Arun Jadhav

40 mca 111-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 MISC.CIVIL APPLICATION NO.111 OF 2021 SWAPNA AMEY JADHAV

VERSUS

AMEY ARUN JADHAV ...

Advocate for Applicant : Mr. M. M. Bhokarikar Advocate for Respondent : Mr. Sandesh R. Patil ...

CORAM : AVINASH G. GHAROTE, J.

DATED : 19th JULY, 2021.

...

PER COURT :

1.

Heard, Mr. Bhorikar, learned counsel for the applicant and Mr. Patil for respondent.

2.

The only ground raised for opposing the transfer of the divorce proceedings fled by the husband before the family court Pune vide Petition No. A-1100/2020, is that the applicant, is an educated lady and travels to Pune to conduct the proceedings. No other ofer is forthcoming. It is an admitted position that the petition under Section 9 of HM Act, bearing Petition No. 78 of 2020 is pending at Jalgaon. It is a settled position, that convenience of the wife, has to be kept in mind, all other things being the same. In the present case, nothing

40 mca 111-21.odt has been pointed out by the learned counsel for the respondent, as to why the transfer should not be permitted. That being the case, the application is allowed.

3.

The divorce proceedings namely Petition No. A-1100 of 2020 pending before the Family Court, Pune is transferred to the Family Court, Jalgaon, where petition under Section 9 of the HM Act, namely Petition No. 78 of 2020 is pending. The Family Court, Pune, is requested to transmit the record of Petition No. A-1100 of 2020 to the Family Court, Jalgaon, within 15 days of the receipt of this order.

4.

The parties agreed to appear before the Family Court, Jalgaon on 17/08/2021, by which date, the proceedings be transmitted to the Family Court, Jalgaon.

5.

The application is disposed of accordingly.

(AVINASH G. GHAROTE, J.) vsm/-