Jyoti Kishor Rathod v. Kishor S/O Madhavrao Rathod
1 mca 276.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR MCA No.276/2025 Jyoti V Kishore - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. Waghmare, Adv for applicant.
CORAM : R.M. Joshi , J.
DATE : 25-06-2025.
None for the respondent in spite of service of notice. 2.
Applicant is a lady. She filed application for transfer of Marriage Petition No.125/2024 filed by respondent husband from the Court of Civil Judge Senior Division Yavatmal to the Court of CJSD, Akola. It is her case that she has no independent source of income and has responsibility of two minor children. It is claimed that the respondent does not maintain applicant as well as her children. He claims that she is residing with her aunt and dependent upon her.
3.
Learned Counsel for the applicant submits that to and fro distance between Akola and Yavatmal is about 400 kms. It is his submissions that there is no independent source of livelihood for the applicant and she has responsibility of two minor
2 mca 276.25.odt children, if she calls upon to appear in the proceeding filed by the husband at Yavatmal prejudice will cause to her. 4.
The contention of the applicant has gone unchallenged. Needless to say that the inconvenience of the wife needs to be considered over the inconvenience, if any, caused to the husband.
5.
In the facts and circumstances of this case this Court finds substance in the contention of the Counsel for the applicant that calling upon the applicant to appear before the Court at Yavatmal will cause serious prejudice to her defence. Hence, application stands allowed in terms of prayer clause-(a). (R.M. Joshi , J.
) Deshmukh