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Bombay High CourtMCA/35/2024disposed off

Rasika Sandeep Patil v. Sandeep Dilip Patil

2024-05-02Hon'Ble Shri Justice Shivkumar Dige2 pages

Shubhada S Kadam 10-mca-35-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 35 OF 2024 Rasika Sandeep Patil ... Applicant versus Sandeep Dilip Patil .... Respondent Mr. Prashant Pandharikar, Advocate for the Applicant. CORAM : SHIVKUMAR DIGE, J.

DATE : 2nd MAY, 2024.

P.C. :

1.

Heard learned counsel for the applicant.

2.

By this application, the applicant is seeking transfer of divorce petition filed by respondent-husband which is pending before the Family Court at Sangli to the Family Court at Pune.

3.

It is the contention of learned counsel for the applicant that the applicant stays at Pune with her minor child and she works at Pune. The applicant is finding it difficult to attend the Court's dates at Family Court at Sangli, which is at the distance of 100 kilometers from Pune. Hence, requested to allow the application.

4.

Though respondent is served, none present for the respondent. Hence, I am deciding this application on merit. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.05.03 10:45:46 +0530 SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 10-mca-35-2024.doc 5.

The applicant stays at Pune with her minor child and she works at Pune. The distance between Pune and Sangli is more than 100 kilometers. The applicant is finding it difficult to attend the Court's dates at Family Court at Sangli. It is settled principle of law that convenience of the wife has to be considered over the husband in case of transfer petition.

6.

In view of above, I pass following order :

1. Application is allowed.

2. Petition No.A-240 of 2023 pending before the Family Court at Sangli be transferred to the Family Court at Pune.

3. Both parties to appear before the Family Court at Pune on 10th May 2024.

Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2