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Bombay High CourtMCA/121/2024allowed

Megha Prasad Mandhare v. Prasad Govind Mandhare

2024-09-04Hon'Ble Shri Justice Milind N. Jadhav2 pages

919.mca.121.24.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. 121 OF 2024 Megha Prasad Mandhare .. Applicant

Versus

Prasad Govind Mandhare .. Respondent ....................

 Mr. Mohit P. Dalvi a/w. Mr. Pritesh R. Kadam, Advocates for Applicant.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 04, 2024.

P.C.:

1.

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

Service has been effected and Respondent is duly served, however none appears for Respondent. The hearing of the Misc. Civil Application (for short "MCA") cannot be protracted any further. Hence, MCA is taken up for hearing.

3.

Present MCA seeks transfer of the Marriage Petition No.A-03 of 2024 filed by the Respondent - husband pending before the Family Court, Satara to the Court of Civil Judge Senior Division, Khed, District Ratnagiri. Applicant is residing in Dapoli alongwith her parents and family members.

4.

Apart from the proximity of distance between the two destinations, grounds of hardship enumerated by the Applicant in

919.mca.121.24.doc paragraph No.4 of the MCA are clearly evident and make out a case for allowing transfer of the Marriage Petition filed by Respondent in the Family Court, Satara. I have perused the same and see no reason as to why the said MCA should not be allowed as convenience of the Applicant - wife is of paramount consideration. 5.

Under the provisions of Section 24 of the Code of Civil Procedure, 1908, MCA therefore stands allowed in terms of prayer clause 'a' which reads thus:- "a.

That this Hon'ble Court may be pleased to transfer Petition No. A-03/2024 pending before the Family court to the court of Civil Judge, Senior Division at Khed, Dist. Ratnagiri." 6.

With the above observations, MCA is allowed and disposed. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.09.05 15:43:48 +0530 AJAY TRAMBAK UGALMUGALE