Shital Sandip Landge v. Sandip Gautam Landge

2024:BHC-AUG:3022 1 969

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 MISC.CIVIL APPLICATION NO. 324 OF 2023 SHITAL SANDIP LANDGE

VERSUS

SANDIP GAUTAM LANDGE ...

Advocate for Applicant : Mr. Gite Umesh Babanrao ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 08th FEBRUARY, 2024 PER COURT:

1.

Heard.

2.

The present application is filed to transfer of the divorce proceedings filed by the respondent - husband in Family Court, Yavatmal bearing Petition A No.157 of 2023 to the Civil Judge, Senior Division, Nanded. Notice of the present proceedings is served upon the respondent, however, none has entered appearance.

3.

The learned counsel for the applicant - wife submits that the applicant and respondent got married on 13.05.2012 and she has 2 children residing at Nanded. On account of the matrimonial dispute the applicant is staying with her parents at Nanded and that the proceedings for divorce are initiated at Yavatmal, which is at a distance of 194 Kms. from Nanded. The learned counsel for the applicant submits that the

2 969 respondent - husband is employed and is in a position to conduct the proceedings at Nanded, whereas since the applicant is financially dependent upon her parents, it would be inconvenient for the applicant to conduct the proceedings at Yavatmal, more so, when the applicant has to look after the children.

4.

In view of the submissions, the writ petition is allowed in terms of prayer clause "B", as sunder:- "B) By allowing this Misc. Civil Application, the Petition A No.157/2023 pending before the learned Family Court, Yavatmal may kindly be directed to be transferred to the Ld. Civil Judge Senior Division, Nanded."

5.

The Miscellaneous Civil Application stands accordingly disposed of.

[ARUN R. PEDNEKER, J.] marathe