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Bombay High CourtMCA/61/2024allowed

Bhagyashree Sanket Pokharkar v. Sanket Shivaji Pokharkar

2024-09-19Hon'Ble Shri Justice Milind N. Jadhav2 pages

908.mca.61.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 61 OF 2024 Bhagyashree Sanket Pokharkar .. Applicant

Versus

Sanket Shivaji Pokharkar .. Respondent ....................

 Mr. Prashant Pandharikar a/w. Mr. Avinash Veer, Advocates for Applicant.

 None for Respondent.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 19, 2024.

P.C.:

1.

Heard Mr. Pandharikar, learned Advocate for Applicant. 2.

Respondent - husband has been served. Affidavit of private service has been filed. That apart, notice through the Court also been effected. The hearing of the Misc. Civil Application (for short "MCA") cannot be protracted any further.

3.

Present MCA seeks transfer of Marriage Petition No.A-600 of 2020 filed by Respondent - husband in the Family Court at Nashik to the Family Court at Pune.

4.

Admittedly both the Applicant and Respondent are at present residing in the United Kingdom. Applicant-wife is represented by her Constituted Power of Attorney i.e. her father who is 75 years old.

908.mca.61.24.doc Grounds of hardship of Applicant's father are adequately stated in paragraph No.15 of the MCA. I have perused the same. 5.

Apart from the proximity of distance which Applicant's father would have traversed the decree that would be encountered because of his age and age related problems is evident. In that view of the matter, there is no impediment in allowing the present MCA. 6.

MCA therefore stands allowed in terms of prayer clause 'a' which reads thus:- "(a) This Hon'ble Court be pleased to direct the concerned office to transfer the Petition No.A-600 of 2020 filed before the Ld. Family Court, Nashik u/s. 13(1)(a) of the said Act for divorce against the Applicant."

7.

MCA is allowed and disposed.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2024.09.19 18:27:08 +0530 AJAY TRAMBAK UGALMUGALE