Sou. Pradnya Pankaj Kamble v. Shri. Pankaj Sukumar Kamble
by SWAROOP SHARAD PHADKE Date: 2025.04.28 18:01:04 +0530 SWAROOP SHARAD PHADKE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.344 OF 2024 Pradnya Pankaj Kamble ...
Applicant versus Pankaj Sukumar Kamble ...
Respondent Mr. Padmanabh D. Pise with Ms. Sejal A. Hariyan i/by P. Padmanabh and Associates, for Applicant.
CORAM: N.J.JAMADAR, J.
DATE :
25 APRIL 2025 P.C.
1.
Heard the learned Counsel for the Applicant.
2.
None appears for the Respondent.
3.
Office report indicates that the Respondent has been duly served. 4.
The marriage of the applicant was solemnized with the Respondent on 23 May 2010. Out of the said wedlock, they have one daughter and one son. They are pursuing their education at Miraj.
5.
In the wake of the martial discord, the applicant has started residing separately along with her children at Miraj. Certain proceedings have ensued. The applicant has filed a proceeding under Protection of Women from Domestic Violence Act, 2005, being No.PWDVA No.100 of 2022, before the Judicial Magistrate at Miraj. The Respondent has filed a Petition for dissolution of marriage, being Marriage Petition No.934 of 2023, before the Court of Civil Judge, Sr.Division, Kalyan. The Respondent has also filed a SSP 1/3
Petition for custody of children under Sections 7 and 25 of the Guardian and Wards Act, 1956. Hence, this application.
6.
In the intervening period, the Court is informed that the Respondent has withdrawn the Petition for custody of children, being Civil Misc. Application No.146 of 2023.
7.
Evidently, the applicant is residing at her parental home along with her two children. The distance between Kalyan and Miraj is prohibitive. The averments in the application have gone uncontroverted. The applicant would suffer extreme inconvenience and hardship if the Marriage Petition is tried before the Court at Kalyan.
8.
Hence, the following order :
ORDER
(i) Application stands allowed.
(ii) HMP No.934 of 2023 stands transferred from the Court of Civil Judge, Sr. Division, Kalyan, to the Family Court at Sangli, for hearing and disposal in accordance with law.
(iii) The learned Civil Judge, Sr. Division, Kalyan, shall transfer the record and proceedings in HMP No.923 of 2023 with such dispatch that it reaches the Family Court at Sangli, within a period of four weeks from the date of communication of this order.
SSP 2/3
(iv) The Respondent is at liberty to appear before the Family Court at Sangli through Videoconferencing. However, whenever the learned Judge, Family Court, Sangli, considers it appropriate and directs the Respondent to appear in person, the Respondent shall appear before the Family Court at Sangli.
(v) Application disposed.
(vi) No costs.
( N.J.JAMADAR, J. ) SSP 3/3