In an application requesting transfer of a divorce petition on grounds of distance, the High Court considered the wives' convenience. The court granted the transfer to facilitate attendance of the applicant.
Transfer of Marriage Petition No. 677/2023 from C.J.S.D., Khed to Family Court at C.B.D., Belapur.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
38-MCA-155-2024.doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 155 OF 2024
Anita Swapnil Meher … Applicant
Versus
Swapnil Pramod Meher ...Respondent
Ms. Anita Bhaktwani, Advocate for the Applicant.
Ms. Kalpana Rajput a/w. Mr. Kashap Bhalerao, Advocate for Respondent.
CORAM : SHIVKUMAR DIGE, J.
DATE : 6th MAY, 2024.
P.C. :
1. Learned counsel for respondent tendered copy of affidavit in reply. She also undertakes to file her Vakalatnama. Leave granted.
2. By this application, applicant is seeking transfer of divorce petition
pending before the C.J.S.D., Khed, Pune to Family Court at C.B.D. Belapur.
3.It is contention of learned counsel for the applicant that applicant
stays at Sanpada. The distance between Sanpada to Khed is more than
100 km. The applicant is finding difficult to attend the Court dates at
Khed. The respondent also stays at Mumbai, hence requested to allow the
application.
4.It is contention of learned counsel for the respondent that at the
time of filing divorce petition respondent and applicant both were staying
at Narayangaon, Khed, hence petition was filed there, now respondent
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38-MCA-155-2024.doc
S.S.Kilaje
stays at Mumbai. No grounds are mentioned for transfer of application.
5. I have heard both the learned counsel. Applicant stays at Sanpada,
Navi Mumbai. The distance between Khed to Mumbai is more than 100
km. It is settled principle of law that convenience of the wife has to be
considered over the husband in case of transfer petition.
6. In view of the above, I pass following order:
O R D E R
i. The application is allowed.
ii. Marriage Petition No. 677/2023 pending before
the C.J.S.D., Khed be transferred to Family Court
at C.B.D., Belapur.
7. The application is disposed of.
(SHIVKUMAR DIGE, J.)
Digitally signed SONALI by SONALISATISH KILAJE SATISH Date: 2024.05.10 KILAJE 17:37:41+0530
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1 issue framed by the court
Whether divorce petition should be transferred from C.J.S.D. Khed to Family Court C.B.D. Belapur due to distance.
Anita Swapnil Meher
Swapnil Pramod Meher
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court