Pranita W/O Santosh Korde v. Santosh S/O Tukaram Korde
44-MCA-251-23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 251 OF 2023 PRANITA W/O SANTOSH KORDE
VERSUS
SANTOSH S/O TUKARAM KORDE ...
Mr. Kendre Namdev D, Advocate for Applicant ....
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2025 PER COURT :- 1.
Heard learned Advocate appearing for applicant. 2.
Although notice of this application is served upon respondent, none appears.
3.
Applicant seeks transfer of Petition No.A-325 of 2023 pending before Family Court at Solapur to Family Court at Latur. 4.
Learned Advocate appearing for applicant submits that applicant is residing at village Pangaon Ta. Renpur Dist. Latur, along with her parents due to matrimonial dispute. She was ill-treated and forced to leave matrimonial home. Respondent-husband has filed petition No. A-325 of 2023 before Family Court at Solapur. Applicant would face difficulty in attending the said proceeding since distance between her place of residence to Solapur is about 150 kilometers. 5.
Considering submissions advanced, it it discernible that applicant-wife would face difficulty in attending proceeding at Solapur
(( 2 )) 44-MCA-251-23 since she would have to travel distance of more than 150 kilometers. As contended by applicant, there is no person who will accompany her during journey, as her parents are old aged. Even applicant has no source of income. It is trite that, convenience of wife has to be given precedence in the matter of transfer of matrimonial proceedings as per guidelines laid down by Hon'ble Supreme Court in case of N. C. V. Aishwarya Vs. A. S. Saravana Karthik Sha, reported in AIR 2022 SC 4318. 6.
In that view of the matter, when proceeding is not contested by respondent-husband, there is no difficulty to allow present application. Hence, Miscellaneous Civil Application is allowed in terms of prayer Clause 'B' and disposed of accordingly.
7.
Parties to appear before Family Court at Latur on 14.08.2025. [ S. G. CHAPALGAONKAR, J. ] HRJadhav