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Bombay High CourtMCA/117/2023application allowed

Sau..Rajashri W O Shrenik Kandale v. Shrenik Deshbhushan Kandale

2025-01-15Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:1279 Ethape ( 1 ) 911 MCA-117-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 MISC.CIVIL APPLICATION NO. 117 OF 2023 Sau. Rajashri W/o Shrenik Kandale

VERSUS

Shrenik Deshbhushan Kandale ...

Mr. Sujit D. Joshi, Advocate for Applicant.

CORAM : KISHORE C. SANT, J.

DATE : 15th JANUARY 2025 PC :- 1.

This application is for transfer of the matrimonial proceedings initiated by husband for dissolution of marriage in the Family Court at Solapur bearing HMP No.789 of 2022.

2.

The applicant-wife is presently residing with her parents at Ahmednagar. It is the case that, the applicant has already filed petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights in the family Court at Ahmednagar. The husband has already appeared in the Court at Ahmednagar. The distance between Ahmednagar to Solapur is more than 260 k.m. It is difficult for the

Ethape ( 2 ) 911 MCA-117-2023 applicant, who is lady to attend the Court at Solapur. As it is, one proceeding is already filed and pending at Ahmednagar which the husband has to attend. Considering this, it would be in the interest of justice to transfer the proceedings from Family Court, Solapur to Family Court Ahmednagar.

3.

The application is opposed by the learned Advocate for the Respondent by filing affidavit-in-reply.

4.

However, considering that the applicant is a lady and has to travel for more than 260 k.m. to attend the Court at Solapur, it would be desirable to allow the application.

5.

The application is therefore allowed.

6.

The proceeding pending before the Family Court at Solapur HMP No.789 of 2022 stands transferred to the Family Court at Ahmednagar. 7.

Application stands disposed off.

[KISHORE C. SANT, J.]