Priti Prashant Bhandarakavate Nee Priti Suresh Saddalgi v. Prashant Niranjan Bhandarakavate
2025:BHC-AS:18854
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.491 OF 2024 Priti Prashant Bhandarakavate @ Priti Suresh Saddalgi ...
Applicant versus Prashant Niranjan Bhandarakavate ...
Respondent Ms. Seema Dighe i/by Ms. Priyal G. Sarda, for Applicant. Mr. Tajammal U. Khan, for Respondent.
CORAM: N.J.JAMADAR, J.
DATE :
25 APRIL 2025 P.C.
1.
Heard the learned Counsel for the parties.
2.
The applicant has filed this application seeking transfer of Petition No.A-1422 of 2024 from the Family Court at Bandra to the Family Court at Solapur.
3.
The marriage of the applicant was solemnized on 27 November 2020 at Tadwal, Solapur. In the wake of marital discord, the applicant has filed a report leading to registration of C.R.No.483 of 2024 for the offences punishable under Sections 323, 498-A, 504, 506 read with 34 of the Indian Penal Code, 1860 against the Respondent and his relatives. 4.
The Respondent has, in turn, filed a Petition for dissolution of marriage being Petition A-1422 of 2024 before the Family Court at Bandra. Since the applicant is residing at Tadwal, Solapur, this application for transfer of Petition SSP 1/3
No.A-1422 of 2024.
5.
Learned Counsel for the Respondent resisted the prayer for transfer. It was submitted that the Respondent was assaulted when he had visited Solapur to explore the possibility of an amicable resolution of the dispute. On account of the prosecution initiated by the applicant, the Respondent has lost his job. It would be extremely inconvenient for the Respondent to attend the proceedings at Solapur. Learned Counsel submitted that the presently the applicant is serving at Pune. Therefore, the application be rejected. 6.
I have perused the averments in the application. It could not be controverted that the applicant has been residing along with her parents at Tadwal. The distance between the place of residence of the applicant and the Family Court at Bandra, Mumbai is more than 400 kms. The distance is, in a sense, prohibitive. The applicant does not seem to have logistical and financial support to effectively defend the proceeding before the Family Court at Bandra. The applicant would suffer inconvenience and hardship if the Petition is tried at Bandra, Mumbai. It I trite that in the matter of transfer of matrimonial proceedings, ordinarily, it is the convenience of the wife that commands preference.
7.
I am, therefore, inclined to allow the application.
ORDER
(i) Misc. Civil Application stands allowed.
SSP 2/3
(iii) Petition No.A-1422 of 2024 stands transferred from the Family Court at Bandra, Mumbai, to the Family Court at Solapur for hearing and disposal in accordance with law.
(iv) The learned Judge, Family Court, Bandra, Mumbai, shall transfer the record and proceedings in Petition No.A-1422 of 2024 with such dispatch that it reaches the Family Court at Solapur within a period of four weeks from the date of communication of this order.
(v) The learned Judge, Family Court at Solapur is requested to make an endeavour to explore the possibility of an amicable resolution of the dispute and a Judge/Mediator may be appointed to explore the possibility of mediated settlement of the dispute between the parties. (vi) The Respondent husband is at liberty to appear before the Family Court at Solapur through video conferencing. However, whenever the learned Judge, Family Court at Solapur considers it appropriate and directs the Respondent husband to appear in person, the husband shall appear before the Family Court at Solapur.
Application disposed.
( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 28/04/2025 11:03:06