Saloni Parth Doshi v. Parth Joshi

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 501 OF 2024 Saloni Parth Doshi ...Applicant

Versus

Parth Doshi

...Respondent

SANTOSH SUBHASH KULKARNI Mr. Hemant Ghadigaonkar, for the Applicant.

SANTOSH SUBHASH KULKARNI Date: 2025.03.29 13:21:44 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

28th MARCH, 2025 Order:- 1.

Heard the learned Counsel for the applicant.

2.

The learned Counsel for the applicant seeks leave to tender affidavit of service.

3.

Leave granted.

4.

Affidviat of service is taken on record.

5.

It indicates that the notice has been duly served on the respondent on 7th December, 2024 by RPAD. Notice is declared to have been duly served.

6.

This is an application for transfer of Marriage Petition No.70 of 2024 from the Court of Civil Judge, Senior Division, Mahad, Raigad, to the Family Court at Pune.

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7.

The marriage of the applicant was solemnized with the respondent on 11th December, 2017. In the wake of the marital discord, the applicant has been constrained to reside at her parental home at Pune. The applicant has filed an application for award of maintenance under Section 125 of the Code of Criminal Procedure, 1973 before the Family Court at Pune, being Application No.64 of 2023. The applicant asserts, to give a counterblast, the respondent has filed a petition for dissolution of marriage before the Court of Civil Judge, Senior Divsion, Mahad. It would be extremely inconvenient for the applicant to attend the proceeding at Mahad. Hence, this application.

8.

The respondent has not appeared. The averments in the application have gone uncontroverted. It appears that the applicant would suffer extreme inconvenience and hardship if the proceeding in Marriage Petition No.70 of 2024 is tried at Mahad. The applicant does not seem to have financial and logistical support to effectively defend the proceeding at Mahad. Moreover, the trial of both the petition for award of maintenance and the divorce petition, by the Family Court at Pune would promote the cause of justice. I am, therefore, inclined to allow the application.

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9.

Hence, the following order:

: O R D E R :

(i) The application stands allowed.

(ii) Marriage Petition No.70 of 2024 pending on the file of Civil Judge, Senior Division, Mahad, Raigad, stands transferred to the Family Court at Pune, for hearing and disposal in accordance with law.

(iii) The learned Civil Judge, Senior Division at Mahad, shall transfer the record and proceedings in Marriage Petition No.70 of 2024 with such dispatch that it reaches the Family Court at Pune, 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