Bhakti Milind Sutar v. Milind Dattatray Sutar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 131 OF 2024 Bhakti Milind Sutar ... Applicant versus Milind Dattatray Sutar .... Respondent Mr. Rahul B. Khot, Advocate for the Applicant. CORAM : ARUN R. PEDNEKER, J.

DATE : 18th JUNE, 2024.

P.C. :

1.

By the present application, the applicant seeks transfer of the divorce proceedings initiated by the respondent-husband before the Family Court, Pune to the Civil Judge, Senior Division, Gadhinglaj, District Kolhapur.

2.

The applicant submits that she married the respondenthusband on 28th March 2022 as per Hindu rites in Gadhinglaj, DistrictKolhapur and there are no children born out of the marriage. Due to certain matrimonial disputes, the applicant is now residing with her parents at Gadhinglaj, District Kolhapur. She submits that there is Domestic Violence proceedings initiated by her at Gadhinglaj, Kolhapur. She submits that respondent-husband is working in IT company at Pune. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.06.21 13:20:22 +0530 SHUBHADA SHANKAR KADAM She further submits that the respondent-husband is originally from 1/3

Kolhapur District and has place of residence at Kolhapur. On account of his job, he is now residing at Pune. She submits that it would be difficult for her to attend the proceedings at Pune, which is 325 kilometers from Gadhinglaj, Kolhapur, as such, she seeks transfer of the proceedings initiated by the respondent-husband at Pune Court to Gadhinglaj, District Kolhapur.

3.

The respondent, though served, has not entered appearance. 4.

In view of the submissions made by learned counsel for the applicant that it would be inconvenient for the wife to attend the divorce proceedings at Pune, more particularly, when she is unemployed and dependent on her parents and that her husband has also some roots in Kolhapur, the application is allowed in terms of prayer clause (a) as under:

(a) The record and proceedings of the Petition (A) No.1196 of 2023 filed by Respondent before the Ld.Family Court, Pune, be please to transfer to the Ld.Civil Judge, Senior Division Court, Gadhinglaj, Dist. Kolhapur;

5.

On such transfer, it is directed that the applicant-wife would not seek adjournments in the matter without informing the respondenthusband well in advance so to avoid inconvenience to the husband to 2/3

travel to Gadhinglaj, so also, the Court at Gadhinglaj is directed to permit the respondent-husband to appear through video conferencing wherever possible.

6.

With the above observations, the application is disposed of. (ARUN R. PEDNEKER, J.) 3/3