High Court Bench disposed of application by wife seeking transfer of husband-initiated divorce proceedings from Satara to Thane due to convenience, separating jurisdiction, and daughter's residence.
Matrimonial proceedings transferred from Civil Court, Satara to the Civil Court, Thane, Thane.
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Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 105 OF 2018
Mrs.Priyanka Ganesh Pawar .. Applicant
Vs.
Mr.Ganesh Laxman Pawar .. Respondent
Mr. Akshay H.Gajbhiye, for the Applicant.
Mr.V.R.Gaikwad a/w Mr.Karan Deshmukh, for the Respondent.
CORAM : M.S.KARNIK, J.
DATE : 17th OCTOBER, 2019
P.C.:
.Heard learned Counsel for the applicant – wife. This
is an application for transfer of the matrimonial proceedings
filed by husband for divorce from the Court at Satara to the
Civil Judge, Senior Division, Thane. The marriage was
solemnized in the year 2008. On account of matrimonial
dispute, the applicant started residing separately. It is the case
of the applicant that she is residing at Thane along her 9 years
old daughter. It is further contended that though the respondent
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– husband is in employment and his office is situated at Vashi
and his residence is at Kalamboli, only with a view to harass the
applicant, the proceedings are filed at Satara.
2.This application is opposed by learned Counsel for
the respondent – husband. According to him, the applicant can
always attend the proceedings at Satara and he is ready to bear
the expenses towards travel of the applicant.
3. Considering the convenience of the applicant and the
fact that she is residing with 9 years old daughter coupled with
the undisputed fact that respondent – husband is in employment
in Vashi and also that he is residing in Kalamboli which is in
close proximity to Thane, the application deserves to be allowed
and is accordingly allowed in terms of prayer clause (b).
4. Misc. Civil Application is disposed of.
(M.S.KARNIK, J.)
Urmila Digitally signedby Urmila P. P. IngleDate: 2019.10.17 Ingle 18:10:03 +0530
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3 issues framed by the court
Whether the matrimonial proceedings instituted against the applicant in Satara ought to be transferred to Thane where the applicant resides.
Whether the transfer is justified given the proximity of the respondent's employment and residence to the applicant's residence and the presence of a minor child.
Whether the opposition argument regarding convenience of travel and willingness of the respondent to bear expenses is sufficient to deny transfer.
Mrs. Priyanka Ganesh Pawar
Mr. Ganesh Laxman Pawar
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court