Sou. Deepika Prasad Gundu v. Prasad Pramod Gundu

50. MCA-189-2024.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION MISC. CIVIL APPLICATION NO. 189 OF 2024 Deepika Prasad Gundu .. Applicant

Versus

Prasad Pramod Gundu .. Respondent ....................

 Mr. Somnath Thengal i/by Mr. Prasad Kulkarni for Applicant ...................

CORAM : MILIND N. JADHAV, J.

DATE : AUGUST 16, 2024 P. C.

:

1.

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

Present Misc. Civil Application (MCA) is filed by the Applicant seeking transfer of Marriage Petition No. A-1138 of 2023 pending on the file of Family Court, Pune to the Family Court at Solapur. 3.

Despite service, none appears for the Respondent. 4.

The grounds for seeking transfer are distinctively enumerated in paragraph No. 9 of the Application. I have perused the same and after going through the same, the Application deserves immediate consideration. Applicant is staying with her mother and her uncle in Solapur. She herself is suffering from a serious medical ailment which is elucidated in paragraph No. 9(D) of the Application. That apart her mother as also her uncle, who are both senior citizens are suffering from age related medical ailments which cannot be ignored. They are

50. MCA-189-2024.docx described in paragraph No. 9(E) and 9(F) of the Application. That apart there is proximity of distance of 250 kilometers between Solapur and Pune which renders immediate consideration of Applicant's case. 5.

There is a domestic violence proceedings filed by Applicant in 2023 pending in Solapur being Criminal Misc. Application No. 232/2023.

6.

In view of the above, Applicant has made out a case for transfer of the Marriage Petition from Family Court, Pune to Family Court, Solapur. Hence, the present MCA is allowed and disposed of in terms of prayer clause (a) which reads thus:- "(a) The Petition No. A-1138 of 2023 pending on the file of Family Court, Pune be transferred to Family Court, Solapur District Solapur."

7.

Both the Courts shall take cognizance of a server copy of this order and act accordingly.

8.

MCA is allowed and disposed.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2024.08.17 14:45:29 +0530 RAVINDRA MOHAN AMBERKAR