Smt. Poonam Sunil Raste v. Shri Sunil Sadashiv Raste

33-mca328-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.328 OF 2022 Poonam Sunil Raste ... Applicant V/s.

Sunil Sadashiv Raste ... Respondent Mr. Vaibhav V. Ugle for the applicant.

Digitally signed by ATUL GANESH KULKARNI Date:

2023.01.20 10:53:45 +0530 ATUL GANESH KULKARNI Mr. Ganesh Bhujbal for the respondent.

CORAM : AMIT BORKAR, J.

DATED : JANUARY 19, 2023 P.C.:

1.

The petitioner/wife has filed present miscellaneous civil application seeking transfer of marriage petition pending before Family Court, Thane to the learned Civil Judge Senior Division, Vita, Taluka Khalapur, District Sangli.

2.

On 19th February 2017 the petitioner got married with respondent. Due to matrimonial disputes between both sides, respondent filed Marriage Petition No.A-150 of 2021 before Family Court, Thane seeking divorce. The applicant/wife has, therefore, filed present miscellaneous civil application seeking transfer of proceedings from the Court at Thane to District Sangli. 3.

Learned advocate for the respondent/husband strenuously opposed the transfer stating that the application is misconceived as

33-mca328-2022.doc she herself has left matrimonial home and it is the applicant who is to be blamed for filing the marriage petition. 4.

The applicant/wife has stated on oath that the distance between Sangli and Thane is around 400 kms. and it took eight to ten hours to reach Thane. The applicant's child is minor aged 4 years and, therefore, it is inconvenient for her to attend the proceedings in Thane. Since the applicant is residing with her parents in Sangli, it would be convenient for her to attend the proceedings in Sangli.

5.

In that view of the matter, miscellaneous civil application is allowed in terms of prayer clause (a). No costs. (AMIT BORKAR, J.)