Pratima Sonal Bodhe v. Sonal Suresh Bodhe

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 489 OF 2024 Pratima Sonal Bodhe ...Applicant

Versus

Sonal Suresh Bodhe

...Respondent

SANTOSH SUBHASH KULKARNI Ms. Ketaki Patil, i/b Abhijit Adagule, for the Applicant. SANTOSH SUBHASH KULKARNI Date: 2025.03.29 12:46:16 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

28th MARCH, 2025 Order:- 1.

Heard the learned Counsel for the applicant.

2.

This is an application for transfer of Marriage Petition No.55 of 2024 filed by the respondent - husband before the Family Court at Satara, to the Family Court at Kolhapur. 3.

The marriage of the applicant was solemnized with the respondent on 14th December, 1998. In the wake of the marital discord, the applicant has filed the petition being Petition No.3 of 2024 before the Family Court at Kolhapur under Sections Sections 17 and 20 of the Hindu Adoption and Maintenance Act, 1956. The respondent, on his part, has filed a petition for dissolution of marriage under Section 13(1) (ia) of the Hindu Marriage Act, 1955.

1/3

4.

Office report indicates that the respondent has been duly served.

5.

None appears for the respondent.

6.

The applicant is residing at Kolhapur. It is submitted that the applicant has no financial and logistical support to effectively defend the proceeding pending before the Family Court at Satara. Since the petition for grant of maintenance is pending before the Family Court at Satara, it would be expedient in the interest of justice that both the proceedings are heard and decided by the one and the same Court. 7.

It is trite that in the matter of transfer of matrimonial proceedings, ordinarily, it is the convenience of the wife which commands precedence. Moreover, the averments in the application have gone untraversed. I am, therefore, inclined to allow the application.

8.

Hence, the following order:

: O R D E R :

(i) The application stands allowed.

(ii) Marriage Petition No.55 of 2024 pending on the file of Family Court at Satara stands transferred to the Family Court at Kolhapur, for hearing and disposal in accordance with law alongwith Petition No.3 of 2024. 2/3

(iii) The learned Judge, Family Court at Satara, shall transfer the record and proceedings in Marriage Petition No.55 of 2024 with such dispatch that it reaches the Family Court at Kolhapur, within a period of four weeks from the date of communication of this order.

(iv) Application stands disposed.

No costs.

[N. J. JAMADAR, J.] 3/3