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Bombay High CourtMCA/244/2021application allowed

Shrutakirti Sanket Bhujbal v. Sanket Sanjay Bhujbal

2022-09-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} mca244.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 244 OF 2021 Sau. Shrutkirti Sanket Bhujbal Applicant

Versus

Sanket Sanjay Bhujbal Respondent Mr. N. N. Desale, advocate for the Applicant Mr. Jitendra Patil, advocate for the Respondent. CORAM : SANDIPKUMAR C. MORE J.

DATE : 30th September, 2022.

PC :

Heard learned Counsel for respective parties. The applicant-wife is seeking transfer of Marriage Petition No.A-250 of 2021, pending in the Court of Family Court, Thane, fled by Respondent-husband seeking decree of divorce, to Family Court, Jalgaon.

The learned Counsel for the applicant submits that though the applicant-wife was initially working at Thane, but due to harassment at the hands of Respondent-husband, she had to give up her job. Now at present, she is residing at Jalgaon and one DV proceedings, at her instance is also going on before the learned JMFC at Jalgaon, wherein the husband and his family members

{2} mca244.21.odt are attending the dates.

On the contrary, learned Counsel for the Respondenthusband, strongly opposed the application by fling reply and contended that the applicant-wife had in fact insisted for residing separately from her in-laws and she willfully left Thane, without any just reason.

It is signifcant to note that Thane is situated at a distance of 350 Kms approximately from Jalgaon. Moreover, there is no independent source of income to the applicant-wife. On the contrary, it appears that Respondent-husband is also attending the dates of DV proceedings at Jalgaon. Therefore, the request of applicant-wife in the application can be conveniently accepted. Hence, following order is passed.

(i) Misc. Civil Application is hereby allowed and Marriage Petition No.A-250 of 2021, pending in the Family Court, Thane, is hereby transferred to the Family Court, Jalgaon. (ii) Respondent-husband is directed to appear before the Family Court, Jalgaon, on 21st October, 2022. (iii) Misc. Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE) JUDGE adb