The court allowed the transfer application of a divorce petition from Pune to Dhule, considering the wife's residence with her child in Dhule and the long distance, applying the principle of convenience of the wife.
Marriage Petition No. 221 of 2023 transferred from Family Court, Pune to Family Court, Dhule.
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.
16-MCA-59-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO.59 OF 2024
Vandana Tejas Ughade …. Applicant
V/s.
Tejas Ishwar Ughade …. Respondent
Mr.Pandit Kasar, for the Applicant.
CORAM : SHIVKUMAR DIGE, J.
Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2024.04.19 10:47:21 +0530
DATE : 17th APRIL 2024
P.C:-
. By this Application, the Applicant is seeking transfer
of Divorce Petition pending before the Civil Judge Senior Division, Pune to Family Court, Dhule.
Applicant that, the Applicant stays at Dhule with her 10 year old daughter. The Applicant has filed proceedings under D.V. Act under Section 498A of Indian Penal Code and under Section 125 of Criminal Procedure Code, which are pending at Dhule. In the
said proceedings Respondent has appeared and he attends the
Court dates. The distance between Dhule to Pune is more than
N.S. Kamble page 1 of 3
16-MCA-59-2024.doc
300 k.m. The Applicant is finding difficult to attend the Court dates at Pune. Hence, requested to allow the Application.
given to the Respondent to argue the matter, but Respondent is absent. Hence, I am deciding this application on merit.
Dhule. In the proceedings filed by the Applicant at Dhule the Respondent attends the Court dates. The distance between Dhule to Pune is more than 300 k.m. Considering the reasons mentioned in the Application as well as it is settled principle of law convenience of the wife has to be considered while transferring the Petition over the husband.
ORDER
(i) Marriage Petition No.221 of 2023 pending before the 5th Joint Civil Judge Senior Division, Pune be transferred to Family Court Dhule.
(ii) Both the parties to appear before the concerned Court on 6th May 2024.
N.S. Kamble page 2 of 3
16-MCA-59-2024.doc
(iii) The Application is allowed and disposed
of.
(SHIVKUMAR DIGE, J.)
N.S. Kamble page 3 of 3
1 issue framed by the court
Whether the divorce petition pending in Pune should be transferred to the Family Court at Dhule due to the wife's residence and convenience.
Vandana Tejas Ughade
Tejas Ishwar Ughade
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
