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Bombay High CourtMCA/373/2024allowed

Kanu Priya Jalan v. Amol Maheshwari

2024-08-30Hon'Ble Shri Justice Milind N. Jadhav2 pages

907.MCA-373-2024.doc Talwalkar 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. 373 OF 2024 Kanu Priya Jalan.

.. Applicant

Versus

Amol Maheshwari.

.. Respondent ....................

 Mr. Shashank Sbhubham i/b. Bhavesh Kadam, Advocate for Applicant.

 None for Respondent.

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

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 30, 2024.

P.C.:

1.

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

In this Application, Applicant seeks transfer of Marriage Petition bearing No. 399 of 2023 filed by Respondent in the Court of Civil Judge Senior Division, Thane to the Court of Civil Judge Senior Division, Pune. Applicant is residing in Wakad, Pune and hence, the Court of Civil Judge Senior Division, Pune shall be the jurisdictional court. Respondent has been served. Affidavit of service dated 22nd August 2024 has been filed. Since Respondent has been served, this matter cannot be protracted any further.

3.

The grounds of hardship are enumerated by Applicant in the Application and more specifically in paragraph 3. I have perused the

907.MCA-373-2024.doc same and they make out a case for allowing the application. Apart from the proximity of distance between the two destinations, the convenience of the Applicant is of paramount consideration. I am informed by the learned Advocate for Applicant that two other proceedings instituted by Applicant are pending in the Court at Pune. Hence there can be no impediment in allowing the Application in view of considering the convenience of Applicant-wife. 4.

In view of the above observations and findings, the Application stands allowed in terms of prayer clause (a) which reads thus :

a] This Hon'ble Court may be pleased to pass an order/direction thereby transferring Marriage Petition bearing No. 399 of 2023 filed by the Respondent for Dissolution Of Marriage before the Civil Judge Senior Division, Thane to the Court of Civil Judge Senior Division, Pune.

5.

Misc. Civil Application is allowed and disposed. [ MILIND N. JADHAV, J. ] Talwalkar ARUNA SANDEEP TALWALKAR by ARUNA SANDEEP TALWALKAR Date: 2024.08.31 16:56:23 +0530