Sau. Komal W/O Shrikant Shingne v. Shrikant S/O Ragunath Shingne

12MCA 593.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO.593 OF 2019.

(Sou.Komal w/o Shrikant Shingne, Amravati Vs. Shrikant s/o Raghunath Shingne, Akola) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shir A.B.Mirza, Advocate for the applicant.

Shri N.R.Tekade, Advocate for the non-applicant. CORAM : PUSHPA V. GANEDIWALA, J.

NOVEMBER 26, 2019.

Heard.

This is an application filed by the applicant/wife under Section 24 of the Code of Civil Procedure for transfer of H.M.P. No.17/2019 pending on the file of 4th Joint Civil Judge, Senior Division, Akola to the Family Court, Amravati.

It is stated that the marriage between the parties was solemnized on 18/04/2008 at Amravati. They have one daughter out of the said wedlock by name Shrinika, aged around 8 years, who is in the custody of non-applicant.

The non-applicant/husband filed a petition under Section 13(1)(b) of the Hindu Marriage Act, 1955 which is pending before the 4th Civil Judge, Senior Division, Akola.

It is stated that the applicant is finding it difficult to travel to Akola by travelling distance of

12MCA 593.19 around 100 kilometers, she being a lady having eight years daughter. The learned counsel for the nonapplicant/husband could not point out any hardship that would be suffered by the non-applicant/husband, if the relief as prayed for is granted. It is well settled that in such matters, the convenience of the wife is to be seen.

In this view of the matter, I am inclined to allow the application and the same is accordingly allowed. H.M.P. No.17/2019 pending on the file of 4th Joint Civil Judge, Senior Division, Akola is withdrawn and transferred to the Family Court, Amravati.

The Civil Application accordingly stands disposed of.

JUDGE Sumit