Sau. Dhanwantari Atish Bhalerao v. Atish Gokul Bhalerao

mca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.104 OF 2017 Sau. Dhanwantri w/o Atish Bhalerao Age : 32 years, Occu. Private Service, R/o Flat No.2, Wing No.8-10, Shiv Darshan Society, Near Siddhi Vinayak Temple, Sector-10, Airoli, Navi Mumbai 400708 at present C/o Ashokrao s/o Gangaram Ambatkar, Narshinha Nagar, Khanapur Phata Opposite Anand High School Pingali Road, Parbhani ..APPLICANT

VERSUS

Atish s/o Gokul Bhalerao Age : 35 years, Occu. Service, R/o At present Goundhala Post Lehani, Tq. Risod, Dist. Washim and C/o Gokul Digambarrao Bhalerao, Shivaji Vasahat, New Power House, Risod, Washim Road, Risod, Tq. Risod, Dist. Washim ..RESPONDENT Mr S.G. Bobade, Advocate for applicant;

Ms Pratibha Bharad , Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 20th September, 2017 ORAL ORDER:

By the present application, the applicant - wife seeks transfer of proceedings being Special Marriage Petition No.1 of 2017 from the Court of Additional District Judge-2, Washim to the Court of any District Judge at Parbhani.

mca (2) 2.

The claim for transfer is opposed on the ground that the respondenthusband is a heart patient and if the proceedings are transferred to Parbhani, greater hardship would be caused to him. It is also canvassed that the applicant is residing at Mumbai.

3.

Considered the submissions.

4.

The applicant is custodian of a minor child, who is residing with her parents at Parbhani, in view of the fact that other proceedings, which are initiated by her at Parbhani, are attended by the respondent. 5.

Considering the hardship and convenience of the applicant-wife and she being custodian of minor child, in my opinion, it will be appropriate to allow the application in terms of prayer clause (B) and is accordingly allowed.

6.

It is made clear that this Court has not gone into the issue of jurisdiction.

(NITIN W. SAMBRE, J.) amj