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Bombay High CourtMCA/327/2022disposed off

Swati Akash Irale Nee Ms. Swati Sanjay Ghodke v. Akash Baban Irale

2024-02-14Hon'Ble Shri Justice Shivkumar Dige2 pages

Shantanu Dhudum 9-MCA-327-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 327 OF 2022 Swati Akash Irale Nee Ms. Swati Sanjay Ghodke ....Applicant

Versus

Akash Baban Irale ....Respondent ----- Ujwal Agandsurve, Advocate for the Applicant. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2024.02.17 10:38:52 +0530 SHANTANU SHANKARSA DHUDUM DATE : 14th FEBRUARY, 2024.

P.C. :

1.

By this application, Applicant is seeking transfer of divorce petition which is pending before the Family Court, Thane filed by the husband to Family Court, Solapur.

2.

It is contention of learned counsel for the Applicant that Applicant stays with her parents at Solapur. Applicant has filed proceeding under Domestic Violence Act, 2005 against the husband, which is pending at JMFC Court, at Solapur. Respondent attended the Court's dates in that matter. Applicant is finding difficult to come to attend the Court's date at Family Court, Thane. Applicant has no financial source. Hence, requested to allow the Application. 1/2

Shantanu Dhudum 9-MCA-327-2022.doc 3.

Though Respondent served. None present for the Respondent. Sufficient chances are given to the Respondent to go on with the matter. Today also none present for the Respondent hence, I am deciding this Application on merit.

4.

Applicant stays at Solapur, the distance between Solapur to Thane is more than 300km. Applicant stays with her parents at Solapur. Applicant is finding difficult to attend the Court's date at Thane. The Respondent attend the Court's dates in the proceedings filed by the Applicant. Considering this fact, I pass following order;

ORDER

i. Application is allowed.

ii. The marriage petition no. A-462 of 2021 pending before the Family Court, Thane be transferred to Family Court, Solapur.

iii. Both parties to appear before the Family Court, Solapur on 18th March, 2024.

5.

The Miscellaneous Civil Application is disposed of. (SHIVKUMAR DIGE, J.) 2/2