Chitra Suhas Solanki v. Suhas Shriram Solanki

mca95.17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.95 OF 2017 Chitra w/o Suhas Solanki, (Chitra d/o Karbhari Dabhade) Age : 37 years, Occu. Service (as Junior Clerk), R/o Jaiprakash Appartment, Near Kulthe Niwas, Jail Road, District : Nasik ..APPLICANT

VERSUS

Suhas s/o Shriram Solanki, Age : 28 years, Occu. Government Contractor, R/o Plot No.57, Arunkumar Vaidyanagar, Sakri road, Dist. Dhule ..RESPONDENT Ms P.R. Wankhede, Advocate for applicant;

Mr M.R. Wagh, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 28th September, 2017 ORAL ORDER:

Since the applicant is serving with the State Government, admittedly she is not getting any maintenance from the respondent. In this background, the prayer for transfer of proceedings is opposed by the respondent-husband on the ground that the transfer of the applicant from Dhule to Nasik is a request transfer and there are other proceedings pending at Dhule, which are attended by her.

2.

The aforesaid submissions are countered by the applicant stating that, having completed tenure of three years at Dhule, she is transferred to

mca95.17 (2) Nasik and is a custodian of a minor child.

3.

It is not in dispute that the parties are blessed with two children of which one is in the custody of respondent-husband. The fact remains that the respondent-husband, who earlier was claiming to be a contractor is informed to be without any job.

4.

Having regard to the aforesaid aspects and more hardship and inconvenience would be caused to the applicant than that of the respondent, in my opinion the application needs to be allowed. Accordingly, Misc. Civil Application stands allowed in terms of prayer clause (C) and is disposed of.

(NITIN W. SAMBRE, J.) amj