Application allowed. The matrimonial petition pending before the Civil Judge in Wai was transferred to the Family Court, Pune, considering the convenience of the wife who resides in Pune and lacks independent income.
Transfer of marriage petition No. 195 of 2023 from Family Court, Wai to Family Court, Pune.
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.
19-MCA-31-2024.doc
Shantanu Dhudum
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 31 OF 2024
Sandhya Sachin Gurav….Appellant
Versus
Sachin Dnyaneshwar Gurav….Respondent
Digitally signed by SHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2024.03.13 10:31:05 +0530
Mr. A. A. Devkhile, Advocate for the Appellant.
Mr. Ravindra S. Pachundkar, Advocate for the Respondent.
CORAM : SHIVKUMAR DIGE, J.
DATE : 11th MARCH, 2024.
P.C. :
1. By this application, Applicant is seeking transfer of divorce
petition filed by the Respondent, which is pending before the Civil
Judge, Senior Division, Wai, Dist. Satara to Family Court, Pune.
2. It is contention of learned counsel for the Applicant that
Applicant stays with her parents at Pune. She has no source of
income. She is finding difficult to attend the Court’s date at Wai, Dist.
Satara. Respondent is influential person. Hence, requested to allow
the Application.
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Shantanu Dhudum19-MCA-31-2024.doc
3.It is contention of learned counsel for the Respondent that
no evidence is produced on record to show the influence of the
Respondent. The distance between Wai, Dist. Satara to Pune is very
short distance. The Applicant can appear through the video
conferenc. Hence, requested to reject the Application.
4.I have heard both learned counsel. Applicant stays with her
parents at Pune. She has no source of income. Applicant is finding
difficult to attend the Court’s date at Wai, Dist. Satara. It is settled
principal of law that convenience of the wife has to be considered
over the husband in case of transfer petition.
5. In view of above, I pass following order.
ORDER
i. Application is allowed.ii. The marriage petition No. 195 of 2023 which
is pending before the Civil Judge, Senior
Division, Wai Dist. Satara, be transferred to
Family Court, Pune.
iii. The Respondent can file the Application before
the concerned Court for appearance through
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19-MCA-31-2024.doc
Shantanu Dhudum
video conferencing. The concerned Court shall
decide the said application on its own merit.
iv. Both parties to appear before the Family Court,
Pune on 22nd April, 2024.
6. Miscellaneous Civil Application stands disposed of.
(SHIVKUMAR DIGE, J.)
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1 issue framed by the court
Whether the divorce petition pending in Wai should be transferred to Pune considering the wife's residence, financial constraints, and convenience.
Sandhya Sachin Gurav
Sachin Dnyaneshwar Gurav
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court