Sonal Aniruddha Patil v. Aniruddha Chandrkant Patil

2025:BHC-AUG:22130 {1} 101 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 90 OF 2025 SONAL ANIRUDDHA PATIL ....Applicant

VERSUS

ANIRUDDHA CHANDRKANT PATIL .....Respondent .....

Advocate for Applicant : Mr.A.G. Mulange h/f. Mr. M.M. Bokharikar. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 12th AUGUST, 2025.

P.C. :- 1.

Heard learned advocate for the applicant.

2.

Although notice of this application is served upon respondent, none appears.

3.

The learned advocate for applicant submits that the marriage between the applicant and respondent was solemnized on 18.1.2010. The couple is blessed with a child who is presently aged about 9 years. The applicant is present residing alongwith her parents at Jalgaon. Due to ill-treatment meted to her by husband, the applicant was compelled to leave her matrimonial home on 10.8.2019. The respondent has instituted Divorce Petition No. 1997 of 2024 before the Family Court at Bandra, Mumbai. Learned advocate for the applicant submits that distance between Jalgaon and Bandra is more than 400 Kilometers. It would be difficult for the applicant to travel such distance to attend the proceeding at Bandra. He would, therefore, urge to transfer the proceeding to the Family Court at Jalgaon.

{2} 101 sr.no..odt 4.

Respondent/husband, in spite of due service has failed to contest the application. There cannot be dispute that applicant is residing alongwith her parents at Jalgaon and it would be difficult for her to attend proceeding at Family Court, Bandra by undertaking travel of more than 400 Kilometers. The Honourable Supreme Court of India, in the matter of "N.C.V. Aishwarya Vs. A.S. Sarvana Karthia Sha" reported in AIR 2022 SC 4318", reported in has laid down the guidelines for transfer of matrimonial proceedings. The convenience of wife is required to be given precedence over convenience of respondent husband. Apparently, it would be convenient for the applicant to attend the proceeding at Jalgaon, in absence of response from the respondent/husband, it can be presumed that there is no difficulty for him to attend the proceeding at Jalgaon. In that view of the matter, a case is made out to allow the application.

5.

In the result, the application is allowed in terms of prayer clause (A). Parties to appear before the Family Court at Jalgaon on 19.9.2025. The application is accordingly disposed of . [S.G. CHAPALGAONKAR, J] grt/-