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Bombay High CourtMCA/31/2018allowed

Sou. Jayashri Sachin Wani(Nerkar) v. Mr. Sachin Vasant Wani(Nerkar)

2018-07-25Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 31 OF 2018 Sou.Jayashri Sachin Wani (Nerkar) ...

Applicant V/s.

Mr.Sachin Vasant Wani (Nerkar) ...

Respondent • Mr.Rajeshkumar S. Alange for the Applicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 25th JULY, 2018.

P.C. :

1] Heard learned counsel for the Applicant. The Respondent and his Advocate are absent on the last two dates and today also. 2] This application is filed by the Applicant-wife under Section 24 of the Code of Civil Procedure for transfer of the petition bearing Petition No.A-178 of 2015 filed by the Respondent in the Family Court at Thane to the Family Court at Solapur. 3] The Applicant is at present residing at village Dudhani, Taluka Akkalkot, District Solapur. In order to attend the proceeding in the Family Court at Thane, she has to travel near about 400 km one way, which takes at-least 7-8 hours journey. Her father is 70 years old 1/2

osk 10­mca­31­2018.odt and cannot travel with her frequently.

4] In view thereof, considering the difficulty and inconvenience which the Applicant is facing in order to attend the proceeding at Thane, this is a fit case, where her application is for transfer of the said petition to the Family Court at Solapur needs to be allowed, so that she can effectively prosecute the same. 5] Hence, this Misc. Civil Application is allowed and following order is passed.

(a) The Petition No.A-178 of 2015 pending on the file of the Family Court at Thane is transferred to the Family Court at Solapur.

(b) The Family Court, Thane is directed to transfer the record and proceeding to the Family Court, Solapur, immediately.

(c) Registry to inform the concerned Courts accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2