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Bombay High CourtMCA/58/2018

Jyotsana Rahul Gosavi v. Rahul Sureshgir Gosavi

2018-06-26Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

osk 10­mca­58­2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 58 OF 2018 Jyotsana Rahul Gosavi ...

Applicant V/s.

Rahul Sureshgir Gosavi ...

Respondent • Mr.Anand S. Kulkarni for the Applicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 26th JUNE, 2018.

P.C. :

1] Heard learned counsel for the Applicant. Respondent is absent though duly served with notice.

2] This application is filed under Section 24 of the Code of Civil Procedure for transfer of Marriage Petition No.A-325 of 2017 from the Family Court at Nashik to the Family Court at Solapur. The application is filed by the wife, who is having the custody and responsibility of female child of 3 years age. It is submitted that the distance between the Solapur, where she is residing with her daughter, to Nashik, where the proceedings of divorce are filed by the husband is about 800 k.m.. Therefore, she is finding it difficult to attend the Family Court at Nashik on each and every date. Moreover, she has 1/2

osk 10­mca­58­2018.odt already filed Petition for divorce bearing No.A-302 of 2017 in the Family Court at Solapur. Further, she has also filed Criminal M.A. No.2411 of 2017 before the Court of Judicial Magistrate, First Class at Solapur for proceedings under Domestic Violence Act. 3] Hence, in my considered opinion, it would be convenient for the parties to attend the Family Court at Solapur, where the proceedings of divorce is pending. So that the Marriage Petition No.A325 of 2017 is transferred from Family Court at Nashik to Family Court at Solapur. Hence, the Application is allowed. Marriage Petition No.A-325 of 2017 pending on the file of Family Court at Nashik is transferred to the Family Court at Solapur. To be heard along with Petition bearing No.A-302 of 2017 filed by the wife. 4] Registry to inform the concerned Courts accordingly. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2