Anita Mahendra Nandurkar v. Mahendra Karnlakar Nandurkar

920.MCA.198.2024.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 198 OF 2024 Anita Mahendra Nandurkar .. Applicant

Versus

Mahendra Kamlakar Nandurkar .. Respondent ....................

 Mr. Sanjay Shinde a/w. Mr. Prathmesh T. Bhanuwansh, Advocates for Applicant.

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

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 28, 2024 P.C.

:

1.

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

At the outset, Mr. Shinde, learned Advocate for the Applicant would submit that the Respondent has been served by RPAD. He shows the acknowledgment receipt of the same to me. Advocate for the Applicant is directed to file appropriate Affidavit of service within a period of one week from today. Copy of the acknowledgment of service of notice is returned back to the Advocate for the Applicant. 3.

In view of the above, the hearing of the Misc. Civil Application (for short "MCA") cannot be protracted any further. MCA seeks transfer of Marriage Petition instituted by the Respondent in the Civil Court at Achalpur, Dist. Amravati to the Family Court at Nashik. 4.

The grounds seeking transfer are enumerated in paragraph No.6A to 6H. I have perused the same. Apart from the proximity of

920.MCA.198.2024.doc distance between the two destinations, the grounds of hardship of the Applicant are evident. Substantial arrears of maintenance payable to Applicant is also pending. Applicant is also required to maintain her daughter.

5.

On perusal of the grounds and the difficulty encountered by Applicant, there can be no impediment in allowing the MCA. MCA stands allowed in terms of prayer clause 'b' which reads thus:- "(b) That on perusal of the same and on further hearing to the Applicant this Hon'ble High Court be kindly pleased to transfer the proceeding being Hindu Marriage Petition No. 102 of 2023 filed by the Respondent in the Court of Ld. Civil Judge Senior Division, Achalpur, District Amravati to Family Court at Nashik."

6.

In view of the above, MCA is allowed and disposed. Ajay [ MILIND N. JADHAV, J. ] by AJAY TRAMBAK UGALMUGALE Date: 2024.08.28 19:41:02 +0530 AJAY TRAMBAK UGALMUGALE