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Bombay High CourtMCA/2/2024application allowed

Gauri Rajendra Zirpe v. Rajendra Pandurang Zirpe

2024-08-02Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:16551 930-MCA-2-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 2 OF 2024 Gauri Rajendra Zirpe

VERSUS

Rajendra Pandurang Zirpe ...

Mr. Y. K. Bobade, Advocate for Applicant Mr. U. N. Jadhav, Advocate for Respondents ...

CORAM

: R.M. JOSHI, J DATE : AUGUST 02, 2024 PER COURT :

1.

This application is filed for transfer of Hindu Marriage Petition No. 297/2023 from Family Court at Aurangabad to Family Court at Pune on the ground that Applicant is resident of Pune.

2.

Applicant claims to be unemployed with no source of income and hence, it is difficult for her to travel more than 250 kms from Pune to Aurangabad to attend this proceeding.

3.

Learned Counsel for Respondent has opposed the said submissions by pointing out that the Respondent is presently unemployed and he is required to take care of her family at Aurangabad. Thus, it would be more

930-MCA-2-2024.odt inconvenient for Respondent to attend proceedings at Pune.

4.

It is settled law that convenience of wife is paramount. There is nothing on record to show that greater inconvenience will cause to husband if the application is allowed.

5.

Having regard to the aforestated facts, application is allowed in terms of prayer clause 'B'. Parties are directed to appear before the Family Court, Pune on 02nd September, 2024. No fresh notice to be issued by the Family Court for appearance of parties. (R. M. JOSHI, J.) Malani