Harsha Jitendra Dutt @ Harsha Sunil Bhat v. Jitendra Dilip Dutt (Pujari)

2025:BHC-AUG:5585 ..1..

7-mca-225-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 MISC.CIVIL APPLICATION NO. 225 OF 2024 HARSHA JITENDRA DUTT @ HARSHA SUNIL BHAT

VERSUS

JITENDRA DILIP DUTT (PUJARI) ...

Advocate for Applicant : Mr. Amit S. Savale Advocate for Respondent : Mr. Ravindra J. Nirmal ...

CORAM : KISHORE C. SANT, J.

DATE : 26.02.2025 PER COURT :

1.

Heard Mr. Savale, the learned Advocate for the Applicant and Mr. Nirmal, the learned Advocate for the Respondent. 2.

This application is filed by applicant/wife to transfer the proceeding of Hindu Marriage Petition No. 246 of 2023 from the Court of learned Civil Judge, Senior Division,Amalner to the Court of learned Judge, Family Court at Dhule, Dist. Dhule.

3.

The learned Advocate for the applicant submits that the applicant is Doctor by profession and she is in service as Medical Officer at Zilla Parishad, Dhule. It is submitted that since she is residing at Dhule, it is inconvenient for her to attend the Court at Amalner by taking leave and

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7-mca-225-24 that is the reason assigned in the application. 4.

The application is vehemently opposed by the learned Advocate for respondent-husband. He submits that the distance between Amalner and Dhule is hardly 30 to 40 kms. The applicant/wife is Medical Officer and having her own car and can drive the vehicle. It would be unfair to transfer the proceeding just she was the wife and it is difficult to attend the Court at Amalner. It is not at all difficult to attend the Court having jurisdiction and to try to entertain the proceedings. Hence he opposes the application. 5.

Considering the distance is about 30 to 40 kms. between two places, transferring the proceeding would be showing undue indulgence by this Court. No case is made out that, it is not possible for applicant/wife to travel to Amalner. This Court does not find any material to allow this application. The application is therefore, rejected. No order as to costs.

( KISHORE C. SANT ) JUDGE shp/-