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Bombay High CourtMCA/329/2024allowed

Mrs. Mayuri Ravi Kamble Alias Mayuri Vijay Garud v. Mr. Ravi Shyam Kamble

2024-08-29Hon'Ble Shri Justice Milind N. Jadhav2 pages

919.mca.329.24.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. 329 OF 2024 Mayuri Ravi Kamble alias Mayuri Vijay Garud .. Applicant

Versus

Ravi Shyam Kamble .. Respondent ....................

 Ms. Pooja Phagnekar, Advocate h/f. Mr. Nitesh Mohite for Applicant.

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

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 29, 2024.

P.C.:

1.

Heard Ms. Phagnekar, learned Advocate for Applicant. 2.

Respondent is served on 22.08.2024. I have seen the acknowledgment of service on the Respondent. Affidavit is tendered by the Advocate for Applicant across the bar and the same is taken on record.

3.

Applicant seeks transfer of the Marriage Petition filed by the Respondent in the Family Court, Pune to the Civil Judge Senior Division, Kalyan where the Applicant - wife is presently residing. 4.

The grounds of hardship are enumerated in paragraph No.5A to 5E and on perusing the same, the hardship of the Applicant is clearly evident in view of the proximity of distance between the two

919.mca.329.24.doc destinations as also the hardship which is pleaded in the MCA. There can be no impediment in allowing the MCA under Section 24 of the Code of Civil Procedure, 1908.

5.

In view of the above, MCA stands allowed in terms of prayer clause 'a' which reads thus:

"(a) That this Hon'ble Court be pleased to transfer the Marriage Petition filed by the Respondent u/Sec.13 (1) (ia) of the Hindu Marriage Act, 1955 being A- Petition No. 189 of 2024 pending before the Learned Family Court, Pune to the Learned Civil Judge, Senior Division, Kalyan."

6.

With the above directions, MCA is allowed and disposed. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.08.29 19:35:21 +0530 AJAY TRAMBAK UGALMUGALE