Madhuri Datta Kurkute v. Datta Tulsidas Kurkute

25 MCA 533 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 533 OF 2024 Madhuri Datta Kurkute ... Applicant vs.

Datta Tulsidas Kurkute ... Respondent ***** Mr. Vikas Nana Tambavekar a/w.

Ms. Gayatri Rohit Powale :- Advocates for Applicant.

Mr. Rushikesh Arun Kharat :- Advocates for Respondent.

***** CORAM : S. M. MODAK, J.

DATE : 13th DECEMBER 2024 P. C. :- 1.

Heard learned Advocate for applicant/wife and learned Advocate for respondent/ husband. The respondent/ husband has filed marriage petition before the Court of Civil Judge Senior Division, Majalgaon, District Beed. The applicant/ wife is requesting transfer of the same to the Court of Civil Judge Senior Division, Palghar. The reason is convenience because she is residing at Dahanu. Majalgaon is far away from Dahanu.

Kishor 1/2

25 MCA 533 of 2024.doc 2.

Learned Advocate for respondent/ husband is opposing the prayer. Earlier they were posted at Dahanu Zilla Parishad School as a teacher but now he is transferred to Zilla Parashid, Parbhani. He has filed the Divorce Petition before Majalgaon Court because marriage is performed at Majalgaon.

3.

It is true as per the provisions of Section 19 of Hindu Marriage Act, 1955 it is described which Courts will having jurisdiction. Depending upon cause of action the husband may be justified in filing petition in Majalgaon but, still convenience of wife need to be considered.

4.

In view of that I pass following order :-

O R D E R

(i) The petition is allowed.

(ii) The Hindu Marriage Petition No. 28 of 2024 be transferred from the Court of Civil Judge Senior Division, Majalgaon, District Beed to Court of Civil Judge Senior Division, Palghar.

[S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:

2024.12.24 12:57:25 +0530 KISHOR VISHNU KAMBLE Kishor 2/2