Swati Vijay Chaugule v. Vijay Ramchandra Chaugule

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION ST. NO. 11064 OF 2019 Swati Vijay Chaugule ..Applicant vs.

Vijay Ramchandra Chaugule ..Respondent ....

Mrs. Manisha A. Devkar for applicant None for respondent.

....

CORAM : M.S.KARNIK, J.

DATE : 10th OCTOBER, 2019 P.C. :

Office objections are dispensed with.

2.

Heard learned counsel for the applicant.

3.

This is an application by the wife for transfer of the proceedings filed by the husband in the Court of Civil Judge Senior Division, Thane to the Civil Judge Senior Division, Malshiras, District Solapur.

1/3

4.

Learned counsel for the applicant pointed out that even the applicant has filed some proceedings which are pending since 2016 at Malshiras, District Solapur. The wife has filed proceedings under Section 125 of the Code of Criminal Procedure for maintenance. There are other proceedings which are filed at Malshiras, District Solapur.

5.

It is the contention of the applicant wife that she is unemployed. The applicant marriage was solemnised on 18/11/2010. There is a girl child born out of the said wedlock now aged 7 years. The daughter is residing with the applicant. 6.

The divorce proceedings are filed by the respondent husband before the Court of Civil Judge Senior Division at Thane. The distance between Thane and Malshiras is almost 400 kilo meters. It is pleaded that it will be very difficult for the applicant to attend the proceedings at Thane considering the distance and she would have to face a lot of inconvenience. Moreover, she has to look after her daughter who is 7 years of age. The applicant is dependent on her parents for her and her 2/3

daughter's livelihood. Considering the hardship and inconvenience to the applicant, the present application deserves to be allowed.

7.

The application is allowed in terms of prayer clause (a).

8.

The application is disposed of.

(M.S.KARNIK, J.) Digitally signed by Diksha Rane Date:

2019.10.11 10:54:02 +0530 Diksha Rane 3/3