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Bombay High CourtMCA/314/2025allowed

Poonam Abhijeet Mulik v. Abhijeet Atmaram Mulik

2025-11-19Hon'Ble Shri Justice Shivkumar Dige3 pages

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 314 OF 2025 Poonam Abhijeet Mulik ...Applicant

Versus

Abhijeet Atmaram Mulik

...Respondent

------- HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.11.21 17:25:44 +0530 Mr. Avesh Ghadge for the Applicant Mr. Shubham Dhenge for Respondent -------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

19th NOVEMBER, 2025.

P.C.

1.

By this application the applicant is seeking transfer of Hindu Marriage Petition No. 154 of 2024 filed by the respondent which is pending before the Civil Judge, Senior Division Jaysingpur to Family Court Sangli on the ground that she is facing difficulty to attend the Court dates at Jaysingpur.

2.

It is contention of learned counsel for the applicant that the applicant stays at Sangli with her minor son. She is finding difficult to attend the Court dates at Sangli. Hence, requested to allow the

application.

3.

Learned counsel for the respondent strongly objected to allow the application on the ground that the distance between Jaysingpur and Sangli is hardly 15 km. The applicant can attend the Court dates at Jaysingpur through video conference. Hence, requested to reject the application. He further submits that if this Court inclined to allow the application, the respondent be permitted to appear through video conference.

4.

I have heard both counsel. Perused the transfer application. 5.

Applicant is a lady. She stays at Sangli with her minor son. She has no source of income. She finding difficult to attend the Court dates at Jaysingpur. It is settled principle of law that convenience of the wife has to be considered over the husband. Considering these facts, I pass the following order :

O R D E R

I.

Application is allowed.

II.

Hindu Marriage Petition No.154 of 2024 pending before the Civil Judge, Senior Division, Jaysingpur to

be transferred to Family Court Sangli, District-Sangli. III. Both parties to appear before the Family Court Sangli, District-Sangli.

IV.

The Respondent can file application before the Family Court Sangli, District-Sangli for appearing through video conference. The learned Family Court Sangli, District-Sangli shall decide the said application on its own merit.

6.

Application stands disposed off.

(SHIVKUMAR DIGE, J.)