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Bombay High CourtMCA/471/2025disposed off

Monali Hitendra Sharma v. Hitendra Kantilal Sharma

2025-12-23Hon'Ble Shri Justice Rajesh S. Patil3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN VINOD MAYEKAR Date:

2025.12.23 18:47:12 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 471 OF 2025 MONALI HITENDRA SHARMA ..... APPLICANT

VERSUS

HITENDRA KANTILAL SHARMA .....RESPONDENT Adv. Sayli S. Wani for the Applicant.

CORAM : RAJESH S. PATIL, J.

DATE : 23 DECEMBER, 2025 P.C. :- 1) Issue notice to the respondent, returnable on 24 February, 2026.

2) Apart from the Court notice, the applicant is permitted to serve the respondent by private notice, by all permissible modes of service and file affidavit of service before the next date of the hearing. 3) Ms.Wani, learned advocate appearing for the applicant submits that the applicant is residing at Mumbai alongwith her 14 years old son, who is schooling in Mumbai. The respondent has filed section 9 proceedings before the Family Court at Jalgaon. After the applicant had filed divorce proceedings before the Family Court at Bandra and DV complaint before the Metropolitan Magistrate Court at

2/3 Borivali, Mumbai. The restitution proceeding filed by the husband is the counter blast to the proceedings filed by the applicant. 4) The distance between Mumbai and Jalgaon is around 490 kms. It will be difficult for the applicant to travel around 10 - 11 hours to attend the court proceedings at Jalgaon and return back again by travelling 10 - 11 hours to Mumbai.

5) Ms.Wani further submits that the respondent-husband is not paying any amount towards maintenance to the applicant or to their son.

6) Hence considering the convenience of the applicant, the proceedings filed by the husband be transferred from the Family Court, Jalgaon to the Family Court, Bandra, Mumbai and be heard alongwith the divorce proceeding filed by the applicant. 7) Ms.Wani further submits that the next date before the Family Court at Jalgaon is on 6 January, 2026. 8) Considering the submissions made by Ms.Wani, let there be an ad-interim relief in terms of prayer clause (b) till the next date of the hearing.

9) Learned counsel for the applicant is hereby directed to convey the order passed today to the Family Court, Jalgaon who is hearing the proceedings and file affidavit to that effect within a period

3/3 of two weeks from today.

10) Similarly, Registrar (Judicial-I) is hereby directed to communicate the order passed today to the Registrar of the Family Court, Jalgaon by E-mail.

(RAJESH S. PATIL, J.)