Rajashree Ganesh Shinde v. Ganesh Babruwan Shinde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.8 OF 2025 Rajashree Ganesh Shinde ... Applicants V/s.

Ganesh Babruwan Shinde ... Respondent.

Mr.Sameer M. Suryawanshi for the Applicants.

Mr.Jaydeep Mane (Through VC) a/w Mr.Yash Fadtare for the Respondent. CORAM : KAMAL KHATA, J.

DATE : 23rd June, 2025.

P.C.:- 1.

This Miscellaneous Civil Application is filed by the Applicant No.1 Wife and Applicant No.2 Daughter under Section 24 of the Civil Procedure Code 1908, for transfer of Marriage Petition No.A341/2024 filed by the Respondent husband from Family Court, Solapur to to District Court, Pimpri, Pune.

2.

The Applicant's case is that the marriage took place on 2nd July, 2014 at Ramnagar, Chinchwad, Pune. The Respondent husband filed a Divorce Petition on 18th July, 2024. In Family Court, Solapur by RAJSHREE KISHOR MORE Date:

2025.07.02 11:24:14 +0530 RAJSHREE KISHOR MORE Applicant No.1 wife filed the Domestic Violence Proceedings on 18th 1/3

September, 2024 before Judicial magistrate First Class, Pimpri, Pune. The learned counsel for the applicant submits that the Applicants are residing with the parents of Applicant No.1 Wife and are totally dependent upon them. They are required to attend the proceedings filed by them before the JMFC Pimpri, Pune. He submits that it would be exceedingly difficult for the Applicants to travel to Solapur to attend the matters when required by the Court. 3.

On the other hand, the learned counsel for the respondent submits that the the Respondent is jobless. He has alleged that Applicant No.1 was not discharging her duties properly. The Respondent is residing at Solapur and the main difficulty or inconvenience that would be caused to the Respondent in travelling from Solapur to Pune is the travel time.

4.

Be that as it may, I agree with the contentions of the Applicant wife. Considering the facts and circumstances of this case and the time taken to travel, I feel that the inconvenience would be caused to the Applicants, to reach Solapur. In my view, the balance of convenience is in Applicant's favour. the application of the respondent to transfer from Solapur to Pune is allowed. Accordingly, I pass the following order :

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(i) Application of the Applicants is allowed in terms of prayer clause (a).

(ii) The District Court, Pimpri, Pune, may grant Video Conferencing facility to the Respondent, in the event he applies for and if his presence is not absolutely necessary.

(iii) The transfer may be effected within a period of four weeks and upon receipt of the papers and proceedings the District Court, Pimpri Pune, shall give notice to the parties, preferably within three weeks, to proceed with their respective matters.

(iv) Parties to act on an authenticated copy of this order. (KAMAL KHATA, J.) 3/3