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Bombay High CourtMCA/379/2023disposed off

Sou. Dhanashri Nilesh Bhosale Nee Dhanashri Nandkumar Jagtap v. Mr Nilesh Arvind Bhosale

2024-04-05Hon'Ble Shri Justice Shivkumar Dige2 pages

Shubhada S Kadam 33-mca-379-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.379 OF 2023 Dhanashri Nilesh Bhosale Nee Dhanashri Nandkumar Jagtap ... Applicant versus Nilesh Arvind Bhosale .... Respondent Mr. Ashwin R. Kapadnis, Advocate for the Applicant. Mr. Vaibhav Gaikwad, Advocate for the Respondent. CORAM : SHIVKUMAR DIGE, J.

DATE : 5th APRIL, 2024.

P.C. :

1.

By this application, the applicant is seeking transfer of divorce petition filed by respondent-husband which is pending before the Family Court at Satara to Family Court at Pune.

2.

It is the contention of learned counsel for the applicant that the applicant stays at Pune. The applicant is finding it difficult to attend the Court's dates at Family Court at Satara since she is a working woman. Hence, requested to allow the application.

3.

Learned counsel for the respondent submitted that the applicant stays at Saswad and she travels daily to Shirwal to attend her work, she can attend court's dates at Satara, whenever it is necessary. He further submitted that the health condition of the father of respondent Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.04.10 10:21:00 +0530 SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 33-mca-379-2023.doc is not well and he has to take care of his father. Hence requested to reject the application.

3.

Heard learned counsel for the applicant and learned counsel for the respondent.

4.

The applicant stays at Pune. She is a working woman, she is finding it difficult to attend the Court's dates at Family Court at Satara It is settled principle of law that convenience of the wife has to be considered over the husband in case of transfer petition. 5.

In view of above, I pass following order :

1. Application is allowed.

2. Petition No.A-225 of 2022 pending before the Family Court at Satara to Family Court at Pune.

3. Both parties to appear before the Family Court at Pune on 29th April 2024.

Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2