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Bombay High CourtMCA/157/2019admittedallowedgrantedrule absolute

Ashvini Yashodhan Kshirsagar v. Yashodhan Sheshrao Kshirsagar

2021-02-15Hon'Ble Shri Justice V.K. Jadhav2 pages

39-MCA.157-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 MISC.CIVIL APPLICATION NO.157 OF 2019 ASHVINI YASHODHAN KSHIRSAGAR

VERSUS

YASHODHAN SHESHRAO KSHIRSAGAR ...

Advocate for Applicant : Mr. Mohit R. Deshmukh h/f Mr. Chapalgaonkar S. G.

Advocate for Respondent : Mrs. Sonpethkar Sangita M. ...

CORAM : V. K. JADHAV, J.

DATE : 15.02.2021 PER COURT :- 1.

I have heard the learned counsel for the applicant for some time.

2.

This is about transfer of the matrimonial proceedings. The applicant-wife resides with her parents at Taluka Kallamb, District Osmanabad and she has no independent source of income. Furthermore, she is having 4 years son and it is not possible for her to attend the court dates at Beed where the respondent-husband has initiated the divorce proceedings. 3.

The learned counsel for the respondent-husband, on instructions, submits that the respondent-husband has no

39-MCA.157-19.odt objection, if the said proceedings are transferred from Beed to Family Court at Osmanabad.

4.

This Court and also the other High Courts have taken a consistent view that in matrimonial proceedings, the convenience of wife is required to be considered. Furthermore, in the instant case, the respondent-husband has also not objected for transfer of the proceedings.

5.

In view of the above, I proceed to pass the following order :

ORDER

(i) Misc. Civil Application is hereby allowed in terms of prayer clause '

B'.

(ii) Misc. Civil Application is accordingly disposed off. (V. K. JADHAV, J.) ...

vmk/-