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Bombay High CourtMCA/79/2024allowed

Kiran W/O Sachin Bhalerao v. Sachin Shirish Bhalerao

2024-04-19Hon'Ble Shri Justice Shivkumar Dige2 pages

Gayatri Shimpi 17-MCA-79-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 79 OF 2024 Kiran W/o Sachin Bhalerao ....Applicant

Versus

Sachin Shirish Bhalerao ....Respondent ----- Mr. Vaibhav V. Ugle, Advocate for the Applicant. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 19th APRIL, 2024.

P.C. :

1.

By this application, Applicant is seeking transfer of divorce petition pending before the Civil Judge, Senior Division at Barshi to the Family Court, Latur.

2.

It is contention of learned counsel for the Applicant that, applicant stays with her 3 years and 11 old month child at Latur. Applicant has no source of Income. The distance between Latur to Barshi is more than 100 km. Applicant is finding difficult to attend the by GAYATRI RAJENDRA SHIMPI Date:

2024.04.24 13:51:05 +0530 GAYATRI RAJENDRA SHIMPI Court proceeding at Barshi. Hence, requested to allow the application. 1/2

Gayatri Shimpi 17-MCA-79-24.doc 3.

Though, Respondent served, none present for the Respondent. Hence, I am deciding this matter on merit. 4.

I have heard learned counsel for the Applicant. Applicant stays with her 3 years 11 month old child. She has no source of income. Distance between Latur to Barshi is more than 100 km. Applicant is finding difficult to attend the Court proceeding at Barshi. It is settled principle of the law that convenience of the wife has to be considered over the husband. In view of the above, I pass following order:- Order (i) Application is allowed.

(ii) Hindu Marriage Petition No. 57 of 2022 Pending before the Civil Judge, Senior Division at Barshi be transferred to Family Court, Latur.

5.

Both parties to appear before the Family Court, Latur on 6th May, 2024 disposed of.

(SHIVKUMAR DIGE, J.) 2/2