Daya Atul Sutar v. Atul Pandurang Sutar
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 135 OF 2025 Daya Atul Sutar ...Applicant
Versus
Atul Pandurang Sutar
...Respondent
HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:
2025.10.18 10:41:05 +0530 ------- Mr. Ishan Nayak for the Applicant.
None for the Respondent.
------- CORAM :
SHIVKUMAR DIGE, J.
DATE :
14th OCTOBER, 2025 P.C.:
1.
By this application the applicant is seeking transfer of Marriage Petition No. 83 of 2024 filed by the respondent which is pending before the Civil Judge, Senior Division Karad to Family Court at Kolhapur.
2.
It is the contention of learned counsel for the applicant that applicant stays at Kolhapur with her two daughters. The distance between Kolhapur to Karad is more than 80 kms. The 1/3
applicant works in the PWD Department at Kolhapur and she finding difficult to attend her job and the Court dates at Karad. Learned counsel for the applicant further submits that the respondent stays at Kolhapur but only to harass the applicant, the Marriage Petition is filed at Karad. Hence, requested to allow the application.
3.
Though the respondent is served, none present for the respondent. Hence, I am deciding this application on merit. 4.
The applicant is working women. She takes care of her two daughters. She stays at Kolhapur. The distance between Kolhapur to Karad is more than 80 kms. She finding difficult to attend job, taking care of daughters and attend the Court dates at Karad. It is settled principle of law that convenience of the wife has to be considered over the husband's. Considering these facts, I pass the following order.
O R D E R
I.
Application is allowed.
II.
Marriage Petition No.83 of 2024 pending before the 2/3
Civil Judge, Senior Division, Karad to be transferred to Family Court at Kolhapur.
III.
Both parties to appear before Family Court at Kolhapur.
5.
Application stands disposed off.
[SHIVKUMAR DIGE, J.] 3/3