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Bombay High CourtMCA/149/2021disposed off

Sou. Shraddha Vinayak More v. Vinayak Suryakant More

2022-03-01Hon'Ble Shri Justice Nitin W. Sambre2 pages

(50)-MCA-149-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.05 10:10:15 +0530 BALAJI GOVINDRAO PANCHAL MISC. CIVIL APPLICATION NO.149 OF 2021 Sou. Shraddha Vinayak More ..Applicant

Versus

Shri. Vinayak Suryakant More ..Respondent Mr. Abhijit M. Adagule, for the Applicant.

None for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 1st MARCH, 2022 P.C.

1.

Leave to amend.

2.

Amendment be carried out forthwith.

3.

Though served none appears for the non-applicant. 4.

Parties hereto got married on 3rd June, 2017 and are blessed with a daughter, by name Ilisha, who is aged about four years old. I am informed that applicant is custodian of said daughter.

5.

Hindu Marriage Petition under Section 13(1) of the Hindu Marriage Act is initiated by the non-applicant/husband whereas the applicant/wife has initiated DV Act proceedings on the file of JMFC, Kolhapur.

BGP.

(50)-MCA-149-21.doc.

6.

Alleging hardship and inconvenience, present application is moved seeking transfer of Hindu Marriage Petition for divorce from the file of Family Court, Sangli to Family Court, Kolhapur.

7.

As such, ground of hardship is not controverted. That being so, same stands established as the applicant/wife is custodian of the minor daughter.

8.

In the aforesaid background, application stands allowed in terms of prayer clauses (a) and (aa).

[NITIN W. SAMBRE, J.] BGP.