Sou. Priyanka Amol Bedage v. Amol Ankush Bedage

48. MCA-66-2021.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 66 OF 2021 by BHARAT DASHARATH PANDIT Date: 2022.02.17 14:38:32 +0530 SOU. PRIYANKA AMOL BEDAGE ...Applicant.

V/s AMOL ANKUSH BEDAGE .....Respondent --- Mr. Prasad P. Kulkarni for the Applicant Ms. Ayodhya Patki i/b Ashish Sonawane for the Respondent. ---- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 16, 2022 P.C.:- 1] Affidavit in reply is taken on record.

2] Prayer for transfer is opposed on the following grounds viz. (a) Applicant is a serving lady and physically fit and competent to attend the proceedings, (b) Applicant is self-sufficient as she is in service with Tech Mahindra and (c) proceedings for transfer are initiated so as to twist arms of non-applicant/husband, making him to attend the proceedings at the native place of the Applicant. 3] Considered the aforesaid objections.

4] Fact remains that at the behest of Applicant/wife proceedings under D.V. Act, prosecution under Section 498A of the IPC and also 1/2

48. MCA-66-2021.doc proceedings for divorce are pending on the file of Family Court, Solapur. The said proceedings are duly attended by the non-applicant. Considering the distance between Solapur and Sangli and the fact that if proceedings initiated by non-applicant are continued at Sangli, same is likely to result in recording contradictory findings on the same issue. Judicial discipline so also convenience of the Applicant warrants prayer for transfer should be granted.

5] Accordingly, Application is allowed in terms of prayer clause (a). Prayer clause (a) reads as under:- "(a) The Hindu Marriage Petition No.714 of 2019 pending before Civil Judge, Senior Division, Sangli be transferred to Family Court, Solapur, District- Solapur;"

6] Application is disposed of.

7] Counsel for the Respondent is permitted to file vakalatnama. ( NITIN W. SAMBRE, J. ) 2/2