Rajendra Kaur W/O Gurmeet Singh Bhatia v. Gurmeet Singh Bhatia

2025:BHC-AUG:17539 (1) 95-mca-4-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 4 OF 2024 RAJENDRA KAUR W/O GURMEET SINGH BHATIA

VERSUS

GURMEET SINGH BHATIA ...

Mr. S. R. Mantri h/f Mr. Shailendra S. Gangakhedkar, Advocate for Applicant.

Mr. S. S. Panale, Advocate for Respondent.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 07th JULY, 2025.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

The learned Advocate appearing for applicant submits that applicant is residing at Aurangabad alongwith her parents. She is taking care of two children aged about 4 and 5 years. The respondent has instituted proceeding for dissolution of marriage under Section 13(1)(ia) of Hindu Marriage Act, 1955 before Family Court, Mumbai at Bandra. The distance between place of residence of applicant and Family Court at Bandra is about 340 kilometers. The applicant cannot undertake journey alongwith minors. On the other hand, it would be convenient for respondent to attend proceeding at Family Court at Aurangabad, in case it is transferred.

3.

The learned Advocate appearing for respondent opposes application and contends that necessary expenses can be borne by

(2) 95-mca-4-2024.odt respondent. The applicant can attend proceeding at Bandra without any difficulty.

4.

Having considered submissions advanced, it can be observed that applicant resides at Aurangabad. She has two children out of wedlock namely Amandeep aged about 5 years and Diljeet aged about 4 years. Both of them are taking education at Aurangabad. It is not discernible from record that applicant has any source of income or otherwise she can travel to Bandra alongwith some elder member of family.

5.

As observed by Supreme Court of India in case of N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha1, it is trite that convenience of wife has to be given precedence in case of transfer of matrimonial disputes. In that view of the matter, for the reasons as stated above, case is made out to allow application. Hence, it is accordingly allowed in terms of prayer Clause (B). 6.

Parties to appear before Family Court at Aurangabad on 19.08.2025.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025 AIR 2022 SC 4318.