Rasika Umesh Dhamdhere v. Umesh Omkar Dhamdhere

LSP 1 5 mca 352.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Misc. Civil Application No.352 of 2024 Rasika Umesh Dhamdhere ...

Applicant V/s.

Umesh Omkar Dhamdhere ...

Respondent.

Mr. Navnath Tambde Advocate for the Applicant.

Mr. Rajabhan S. Chaudhari Advocate for the Respondent.

CORAM : S.M. MODAK, J Digitally signed by LATA SUNIL PANJWANI Date:

2024.12.07 11:42:07 +0530 DATE : 29 November 2024.

LATA SUNIL PANJWANI P.C. :

Heard learned Advocate for the applicant-wife. 2.

There is a divorce petition filed by the respondent-husband before the Court of Civil Judge Senior Division at KhedRajgurunagar, Dist. Pune. The applicant-wife has filed this transfer application for transferring the matter to Family Court, Thane. The reasons are as follows:

1) The applicant-wife is residing along with her sister at Belapur and sister is suffering from cancer.

2) When both were cohabiting, they were residing at Thakurli, Tal. Kalyan.

3) Even the husband is working at Thane.

4) Deliberately, the husband has filed divorce petition before the Khed Court.

LSP 2 5 mca 352.24.doc 3.

The learned Advocate undertakes to file Vakalatnama for the respondent-husband earlier to the next date. He is at liberty to file affidavit-in-reply. Copy of application be supplied to him. 4.

It is submitted that now the divorce petition is fixed before the Khed Court for exparte order on 3 January 2025. 5.

It is made clear that under the garb of filing transfer application, the applicant-wife is not justified in not taking appropriate steps required in that proceedings. She is at liberty to take those steps. However, in the meantime, the respondent-husband need not press for further orders from the Khed Court. 6.

Stand over to 10 January 2025.

(S.M. MODAK, J.)