Akshata Yogesh Bhand v. Yogesh Mohan Bhand
16-MCA-60-2025 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 60 OF 2025 Akshata Yogesh Bhand ...Applicant
Versus
Yogesh Mohan Bhand
...Respondent
.....
Mr. Vikrant Shinde (through VC) for Applicant. None for respondent .....
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
9th OCTOBER, 2025 P.C.
1.
By this application, the applicant is seeking transfer of Marriage Petition No.502 of 2023 filed by the Respondent pending before the Family Court at Thane to the Court of Civil Judge Senior Division Malshiras.
2.
It is contention of learned counsel for applicant that applicant stays at Natepute, Taluka Malshiras with her parents. The applicant has filed two proceedings against the respondent which are pending at Civil Court, Malshiras. The respondent attends the Court dates in the said proceedings. The distance between Natepute to Thane is more than 300 Kms. The applicant is finding difficulty to Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.10.10 20:22:47 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar
16-MCA-60-2025 (C).DOC attend the Court dates at Thane and requested to allow the application.
3.
Though the respondent served, none present for Respondent, hence, I am deciding this matter on merit. I have considered the submission of learned counsel for applicant. The applicant has filed two proceedings against the respondent which are pending before the Court of Judicial Magistrate First Class at Malshiras. The Respondent is attending the Court dates in said proceedings. The distance between Thane to Malshiras is more than 300 Km. The applicant is finding difficulty to attend the Court dates at Thane. It is well settled principle of law that convenience of wife has to be considered over the husband. Considering these facts, I pass the following order :
ORDER
(i) Application is allowed;
(ii) Marriage Petition No.502 of 2023 pending before the Family Court at Thane be transferred to the Civil Judge Senior Division, Court Malshiras. 4.
The application is allowed in the aforesaid terms and is accordingly disposed of.
(SHIVKUMAR DIGE, J.) Sajakali Jamadar