Anuja Pawan More v. Dr.Pawan Arvind More

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 363 OF 2024 Anuja Pawan More ... Appellant

Versus

Dr. Pawan Arvind More ... Respondent ..........

Mr. Sumedh Modak, Advocate for the Appellant. Mr. Hassan Khan, Advocate for Respondent.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 24th OCTOBER, 2024.

P.C. :

1.

By this application, application is seeking transfer of Marriage Petition No. 221 of 2023 filed by respondent husband pending before the learned Civil Judge, Senior Division, Mehkar, Buldhana to the Court of learned Civil Judge, Senior Division, Kalyan. 2.

It is contention of learned counsel for the applicant that applicant has been married with the respondent. Due to strained relations, applicant and respondent staying separately. Applicant stays at Kalyan with her parents. The applicant pursuing her education at Kalyan. The distance between Kalyan to Buldhana is more than 300 km. Applicant is finding it difficult to attend the Court dates at Buldhana, hence requested to allow the application.

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3.

It is contention of learned counsel for the respondent that respondent is doctor and sometime he has to attend his serious patients. If matter is transferred to Kalyan, it will cause loss to him as well as patients also. Learned counsel further submitted that only to harass the respondent, the applicant praying for transfer of the Marriage Petition from Buldhana to Kalyan. If she wants she can attend the Court through video conferencing, hence requested to reject the application. 4.

I have heard both the learned counsel. Applicant stays at Kalyan with her parents. She is pursuing education. The distance between Kalyan to Buldhana is more than 300 km. Applicant is finding it difficult to attend the Court dates at Buldhana. It is settled principle of law that at the time to transfer of Marriage Petition the Court has to consider the convenience of the wife. If respondent is permitted to attend the Court dates through video conferencing, it would suffice and I pass following order.

ORDER

(i) Application is allowed.

(ii) Marriage Petition No. 221 of 2023 pending before learned Civil Judge, Senior Division, Mehkar, Buldhana be transferred to the Court of learned Civil Judge, Senior Division, Kalyan.

(iii) If respondent files application for attending the Court 2/3

proceedings through video conferencing, the concerned Court decide the application on its own merits. 5.

Miscellaneous Civil Application is disposed of. ( SHIVKUMAR DIGE, J.) by SONALI SATISH KILAJE Date:

2024.10.25 12:50:53 +0700 SONALI SATISH KILAJE 3/3