Vijayshri Sandesh Bhingarkar v. Sandesh Kishor Bhingarkar

1 / 2 18-mca-572-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 572 OF 2021 Vijayshri Sandesh Bhingarkar -- Applicant Vs.

Sandesh Kishor Bhingarkar -- Non-applicant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - Mrs. Sunita Paul, Advocate appointed for applicant Mr. A.K. Sorde, Advocate for Non-applicant CORAM : MANISH PITALE, J.

DATE : 1st APRIL, 2022 By this application, the applicant (wife) is seeking transfer of divorce petition filed by non-applicant (husband) before the Family Court at Pune to the Family Court at Amravati. 2.

The parties got married on 21/12/2018 and son was born on 10/09/2019. Due to matrimonial discord, the parties have been living separately.

3.

It is an admitted position that this Court has already transferred proceedings initiated by the applicant under the provisions of the Protection of Women from Domestic Violence MP Deshpande

2 / 2 18-mca-572-2021 Act, 2005, from the competent Court at Pune to the competent Court at Amravati.

4.

Although the non-applicant through counsel has strongly opposed the prayer made in the present application, this Court is of the opinion that considering the facts and circumstances of the present case, the present application deserves to be allowed. 5.

This is for the reason that admittedly the minor child aged about two years is living with the applicant at Amravati. The distance between Pune and Amravati is about 600 KM and the applicant does not have any independent source of income. It would be obviously inconvenient for the applicant to effectively represent herself in the divorce petition filed by the non-applicant in the Court at Pune.

6.

In view of the above, the application is allowed. 7.

Divorce Petition bearing No. A-9/2020, pending before the Family Court No.4, Pune, is transferred to the Family Court at Amravati. The Family Court at Pune is directed to immediately transmit the record to the Family Court at Amravati. P DESHPANDE 17:55 JUDGE MP Deshpande