Seema Satish Thombare v. Satish Pandurang Thombare

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 104 OF 2022 Seema Satish Thombare ....Applicant

Versus

Satish Pandurang Thombare ....Respondent ----- Mr. Vikrant V. Phatate, Advocate for the Applicant. Mr. Rahul R. Patil, Advocate for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date: 2024.01.12 18:08:08 +0530 SHANTANU SHANKARSA DHUDUM DATE : 11th JANUARY, 2024.

P.C. :

1.

Heard learned counsel for the Applicant and learned counsel for the Respondent.

2.

Learned counsel for the Respondent tendered the reply, it is taken on record.

3.

It is contention of learned counsel for the Applicant that the Applicant has filed proceedings under Restitution of Conjugal Rights at Family Court, Solapur and application under Domestic Violence Act which is pending at Solapur. Learned counsel further submitted 1/3

that the Applicant stays with her old age parents. The Respondent has filed petition for divorce, which is pending at Family Court, Sangli. The Applicant is finding it difficult to go to Sangli to attend the dates of the petition filed by the Respondent. Hence, requested to transfer the said petition at Family Court, Solapur.

4.

It is contention of learned counsel for the Respondent that the Respondent has filed petition for divorce against the Applicant during the pendency of the said petition to counter it. The Applicant has filed two petitions at Solapur. The Respondent is ready to give travelling allowances to the Applicant. The stage of divorce petition at Sangli is for evidence. Hence, requested to reject the Application. 5.

I have heard both learned counsel. The Applicant stays at Solapur with her old age parents. Two proceedings are filed by her against the Respondent, which are pending at Solapur. In the petition filed by Respondent at Sangli, yet evidence has not been started. It is settled principle of law that convenience of the wife has to be looked into it.

6.

In view of above, I pass following order:

ORDER

i. Application is allowed.

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ii. The Marriage Petition pending at Family Court, Sangli be transferred to Family Court, Solapur.

iii. Application is disposed of.

(SHIVKUMAR DIGE, J.) 3/3