Pramila Shahadev Kanase v. Shahadev Shasherao Kanase

93-MCA-185-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Misc. Civil Application No.185 of 2019 Pramila w/o Shahadev Kanase

Versus

Shahadev S/o Shasherao Kanase ...

Mr. S.S. Randive, Advocate for the Applicant Mr. Krishna Salunke h/f Mr. S.J. Salunke, Advocate for the Respondent/Sole ...

CORAM : AVINASH G. GHAROTE, J.

DATE : 28th July, 2021 PER COURT :

.

Mr. Randive appears for the applicant and Mr. Krishna Salunke h/f Mr. S. J. Salunke appears for the non-applicant 2.

The only ground raised for resisting transfer of the proceedings instituted by the husband being H.M.P. No. 17/2019 before the Civil Judge, Senior Division, Majalgaon, District Beed to the Family Court, Jalna, where the wife resides is that the non applicant, is a labourer. Absolutely nothing on record has been placed to substantiate this contention. It is a settled position of law, that the convenience of the wife is of paramount importance, unless circumstances and factors dictate otherwise, which are

93-MCA-185-2019.odt absent in the present matter, for which reason, the H.M.P. No. 17/2019, pending before the Civil Judge, Senior Division, Majalgaon, District Beed, is hereby transferred to the Family Court, Jalna.

3.

The parties undertake to appear before the Family Court, Jalna on 13/08/2021, before which date, the records and proceedings be transmitted, by the Civil Judge, Senior Division, Majalgaon, District Beed to the Family Court, Jalna. 4.

The application is, accordingly, allowed in the above terms.

(AVINASH G. GHAROTE, J.) Sameer