← Library
Bombay High CourtMCA/2/2025disposed off

Sonali Ra Viraj Dighe v. Raviraj Mohan Dighe

2025-05-09Hon'Ble Shri Justice N. J. Jamadar3 pages

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 2 OF 2025 Sonali Raviraj Dighe ...Applicant

Versus

Raviraj Mohan Dighe

...Respondent

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2025.05.16 12:09:14 +0530 Mr. Abhishek Avchat, through VC, for the Applicant.

CORAM:

N. J. JAMADAR, J.

DATED:

9th MAY, 2025 PC:- 1.

Heard the learned Counsel for the applicant.

2.

This is an application for transfer of HMP/131/2024 from the Court of Civil Judge, Senior Division at Rahta to the Family Court at Pune.

3.

The marriage of the applicant was solemnized with the respondent on 18th December, 2022. In the wake of the marital discord, the applicant was constrained to reside at Pune. The applicant has lodged a report with the police at Pune.

4.

To give a counter-blast, the respondent has filed a petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, before the Court of Civil Judge, Senior Division at Rahta, District Ahmednagar. 1/3

5.

The office report indicates that the respondent has been duly served.

6.

None appears for the respondent.

7.

The averments in the application have gone uncontroverted. Evidently, the applicant does not seem to have logistical and financial support to effectively defend the proceeding at Rahta. The applicant claims that the respondent has not made any provisions for her livelihood. The applicant has to take care of her children born to her from her quondam husband. It appears that the applicant would suffer extreme hardship and inconvenience if the proceeding is tried at Rahta, District Ahmednagar. I am, therefore, inclined to allow the application. 8.

Hence, the following order:

: O R D E R :

(i) The application stands allowed.

(ii) HMP/131/2024 pending on the file of Civil Judge, Senior Division at Rahta stands transferred to the Family Court at Pune, for hearing and disposal in accordance with law.

(iii) The learned Civil Judge, Senior Division, Rahta, shall transfer the record and proceedings in HMP/131/2024 2/3

with such dispatch that it reaches the Family Court at Pune, within a period of four weeks from the date of communication of this order.

(iv) Application stands disposed.

No costs.

[N. J. JAMADAR, J.] 3/3