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Bombay High CourtMCA/118/2021application allowed

Rohini Krushnadip Sutar v. Krushnadip Aashruba Sutar

2023-02-03Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 976 MISC.CIVIL APPLICATION NO.118 OF 2021 ROHINI KRUSHNADIP SUTAR

VERSUS

KRUSHNADIP AASHRUBA SUTAR ...

Advocate for Applicant : Mr. Suhas R. Shirsa ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 03.02.2023 PER COURT :

Leave to correct prayer clause 'B' by mentioning 'Family Court Beed' instead of 'Principal District Judge, Beed'

.

2.

Heard learned counsel for the applicant. The respondent and his counsel despite last chance, remained absent. The applicant is seeking transfer of Petition No.A/231/2020 filed by the respondent - husband for getting divorce from Family Court No.3, Pune to Family Court, Beed.

3.

According to the applicant, she is not having any source of income and she has look after one son of tender age. Distance between Pune and Beed is of 245 kms and therefore, it would be highly difficult for the applicant to attend the dates at Pune. It is significant to note that the respondent despite appearance through

advocate remained absent. The learned counsel for the respondent remained absent despite grant of last chance. As per the latest view of the Hon'ble Apex Court, the convenience of the wife is to be seen ahead of the convenience of the husband. Moreover, the applicant is not having any source of income and therefore, considering the convenience of the applicant, following order is passed :

ORDER

(i) The application is allowed.

(ii) Petition No. A/235/2020 is hereby transferred from the Family Court No.3 Pune to Family Court, Beed for disposal according to law. (iii) The parties are directed to appear before Family Court, Beed on or before 01.03.2023.

(iv) Application is disposed of accordingly.

(SANDIPKUMAR C. MORE) JUDGE .....

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