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Bombay High CourtMCA/123/2025allowed

Pooja Pramod Shinde v. Pramod Rangrao Shinde

2025-10-14Hon'Ble Shri Justice Shivkumar Dige2 pages

91-MCA-123-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 123 OF 2025 Pooja Pramod Shinde .... Applicant

Versus

Pramod Rangrao Shinde .... Respondent ----- Mr. Sunil S. Kamble, Advocate for the Applicant. None for the Respondents.

----- CORAM : SHIVKUMAR DIGE, J.

DATE : 14th OCTOBER, 2025.

P.C. :

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.10.15 19:58:29 +0530 SHANTANU SHANKARSA DHUDUM 1.

Heard learned counsel for the Applicant. None present for the Respondent.

2.

By this application, the Applicant is seeking transfer of Marriage Petition No. 95 of 2024 pending before the Civil Judge, Senior Division, Kalyan to Civil Judge, Senior Division, Kolhapur. 3.

It is contention of learned counsel for the Applicant that Applicant stays at Shengaon, Tal. Bhudrgad, Dist: Kolhapur. The distance between Bhudrgad to Kalyan is around 400 km. The applicant is finding difficulty to attend the Court dates at Kalyan. The Applicant has filed application for getting maintenance against the Respondent which is pending before the learned Judicial Magistrate First Class, Shantanu S. Dhudum 1/2

91-MCA-123-2025.doc Gargoti, District: Kolhapur and the Respondent is attending the Court dates in the said proceedings. Hence, requested to allow the Application.

4.

Though, Respondent is served, none present for the Respondent. On the last date, this Court had directed the Respondent to appear in the matter, if he failed to do so, this Court would decide the application on merit. Hence, I am deciding this application on merit. 5.

I have heard learned counsel for the Applicant. 6.

The Applicant stays in Bhudargad Taluka. The distance between Bhudargad to Kalyan is around 400km. The Applicant stays with her parents, and she is finding difficulty to attend the Court dates at Kalyan. The Respondent is attending the Court dates at Gargoti. It is settled principle of law that convenience of the wife has to be considered over the husband, and I pass following order:

ORDER

i. The application is allowed.

ii. The Marriage Petition No. 95 of 2024 pending before the Civil Judge, Senior Division, Kalyan be transferred to Civil Judge, Senior Division, Kolhapur.

iii. The application stands disposed off.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 2/2