Madhura Rajendra Talele v. Rajendra Mohan Talele

37-MCA-314-24.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 37 MISC.CIVIL APPLICATION NO. 314 OF 2024 MADHURA RAJENDRA TALELE

VERSUS

RAJENDRA MOHAN TALELE ...

Mr. Sushilkumar Hemantkumar Tripathi, Advocate for Applicant ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 02.07.2025 PER COURT :- 1.

Applicant seeks transfer of divorce petition No.A/1399 of 2024, pending before the learned Family Court, Pune to Family Court, Jalgaon.

2.

Mr. Tripathi, learned Advocate appearing for applicant submits that applicant has instituted PWDVA Application No.189 of 2024 and same is pending before the learned Judicial Magistrate First Class, Jalgaon. Respondent-husband has filed Petition No.A/1399 of 2024 before Family Court at Pune which is at a distance of 400 kilometers from applicant's residence at Jalgaon. He further points out that respondent-husband is already attending proceeding before the learned J.M.F.C., Jalgaon in PWDVA No.189 of 2024. 3.

In spite of service of notice of this application, respondent has not caused appearance.

(( 2 )) 37-MCA-314-24 4.

Learned Advocate appearing for applicant also points out that applicant has 16 month old son and it would be difficult for her to attend proceeding at Pune.

5.

Considering the aforesaid circumstances, looking to 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, it is trite that convenience of wife has to be given precedence in the matter of transfer of matrimonial proceeding, the present application deserves to be allowed. Accordingly, Miscellaneous Civil Application is allowed in terms of prayer clause 'A'.

6.

Parties to appear before the Family Court, Jalgaon on 11.08.2025.

[ S. G. CHAPALGAONKAR, J. ] HRJadhav