Swapnali Yallaling Shejale v. Yallaling Mahadev Shejale

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 530 OF 2024 Swapnil Yallaling Shejale ...Applicant

Versus

Yallaling Mahadev Shejale

...Respondent

SANTOSH SUBHASH KULKARNI Mr. Ajit Alange, for the Applicant.

None for the Respondent.

SANTOSH SUBHASH KULKARNI Date: 2025.03.29 13:22:03 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

28th MARCH, 2025 PC:- 1.

Heard the learned Counsel for the applicant.

2.

None appears for the respondent.

3.

This is an application for transfer of Petition No.A1729/2024 filed by the husband for dissolution of marriage before the Family Court at Pune, to the Court of learned Civil Judge, Senior Division at Pandharpur. 4.

The marriage of the applicant was solemnized with the respondent on 21st November, 2021. In the wake of the marital discord, the respondent has filed a petition for dissolution of marriage being Petition No.A1729/2024 before the Family Court at Pune.

1/3

5.

The applicant is residing at Sangola with her parents. The applicant claims that she has no financial and logistical support to effectively defend the proceeding at Pune. She would suffer inconvenience if Petition No.A1729/2024 is tried in the Family Court at Pune.

6.

The averments in the petition have gone untraversed. It is trite that in the matter of transfer of matrimonial proceedings, ordinarily, it is the convenience of the wife which commands precedence. Having regard to the distance between Sangola and Pune and the situation in life of the applicant, the applicant would suffer extreme inconvenience and hardship if she is required to attend the proceeding at Pune.

7.

I am, therefore, inclined to allow the application. 8.

Hence, the following order:

: O R D E R :

(i) The application stands allowed.

(ii) Petition No.A1729/2024 pending on the file of Family Court at Pune stands transferred to the Court of Civil Judge, Senior Division at Pandharpur, District Solapur, for hearing and disposal in accordance with law.

2/3

(iii) The learned Judge, Family Court at Pune, shall transfer the record and proceedings in Petition No.A1729/2024 with such dispatch that it reaches the Court of Civil Judge, Senior Division at Pandharpur, 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