Vaishanavi Sagar Sase v. Sagar Ajay Sase

2024:BHC-AUG:10947

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 277 OF 2023 VAISHANAVI SAGAR SASE

VERSUS

SAGAR AJAY SASE Mr. N. P. Ghanwat, Advocate for the applicant Mr. S. K. Chavan, Advocate for the respondent CORAM : R. M. JOSHI, J.

DATE : 14th JUNE, 2024 PER COURT :- 1.

This application is for transfer of Hindu Marriage Petition (H.M.P.) No. 185/2023 pending before the Family Court, Solapur to CJSD, Shrirampur, Dist. Ahmednagar. It is the contention of the applicant that the applicant resides at Shrirampur and she is required to travel more than 330 km to attend the proceedings of HMP No. 185/2023 at Solapur. It is further claimed that she is also required to take care of minor child.

2.

Learned counsel for the respondent opposed the application on the ground that the proceedings filed at Solapur are before appropriate Court. The learned counsel for the respondent, on instructions, submits that he is ready to bear the traveling expenses of the petitioner and hence there is no reason to transfer the proceeding. 961.mca277.23.odt

As per the contention of the applicant she is staying at Shrirampur and she is also required to take care of minor child who is aged about 3 and half years.

3.

Merely because the conveyance expense is borne by the respondent to the applicant would not be sufficient to take care of the hardship faced by her of traveling coupled with the responsibility to take care of her small child.

4.

This Court therefore finds substance in the grievance made by the applicant about it being not convenient for her to attend the Court proceedings at the instance of about more than 330 kms. 5.

In such circumstances, this Court finds it to be fit case to allow the application. Hence, application is allowed in terms of prayer clause 'B'. Parties are directed to appear before the Civil Judge, Senior Division at Shrirampur on 1st July, 2024. both parties to cooperate to the learned Trial Court for expeditious disposal of the proceedings. (R. M. JOSHI, J.) ssp 961.mca277.23.odt