Sangita Krushna Jadhav @ Sangita ... vs Krushna Barku Jadhav
2021 Latest Caselaw 277 Bom

                                                                             21-mcsst-94929-2020




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                    MISCELLANEOUS CIVIL APPLICATION (ST) NO.94929 OF 2020

                            Sangita Krushna Jadhav @ Sangita Somvanshi  ..Applicant
                                 V/s.
                            Krushna Barku Jadhav                        ..Respondent
                                                          ----
                            Mr.Sidharth Samantaray a/w Mr.A. Mishra i/b Mr.Alok Mishra for
Nilam    Digitally signed
         by Nilam Kamble
                            the Applicant.
Kamble   Date: 2021.01.07
         11:58:10 +0530
                                                          ----
                                                                CORAM : C.V. BHADANG, J.

                                                                DATE    : 06th JANUARY 2021


                            P.C.


                            1.                 This is an application under Section 24 of the Code of

                            Civil Procedure Code ('CPC' for short)          for transfer of Marriage

                            Petition No.169 of 2019 from the file of the learned Civil Judge

                            Senior Division at Shrirampur, District-Ahmednagar to the Family

                            Court at Nashik.



                            2.                 I have heard the learned counsel for the applicant.

                            None appears for the respondent. On the last date time was granted

                            to the respondent to file a reply. Neither a reply is filed nor there is

                            any appearance on behalf of the respondent.




                                 N.S. Kamble                                                       page 1 of 3
                                                     21-mcsst-94929-2020


3.                 The marriage between the parties was solemnized at

Nashik. The petitioner along with her 9 year old daughter is staying

at her Nashik at maternal place.             The learned counsel for the

applicant points out that the distance between Nashik and

Ahmednagar is 195 kilo meters. It is submitted that it is difficult for

the applicant to travel, particularly where she is having a minor

daughter who is 9 years old.



4.                 The record discloses that the petitioner has filed a

petition for maintenance against the respondent being Petition

No.E54 of 2017 which is also pending before the Family Court at

Nashik, where the respondent has entered appearance, however, has

failed to file a reply which is evident from the judgment and order

dated 06th June 2018 passed by the learned Family Court in Petition

No.E54 of 2017.



5.                 It is now well settled that normally in such a case it is

the convenience of the wife which has to be seen and which takes

precedence.



6.                 Considering the overall circumstances, the application

deserves to be allowed. In the result, the following order is passed.

     N.S. Kamble                                                          page 2 of 3
                                                21-mcsst-94929-2020


                                 ORDER

(i) The application is allowed.

(ii) Marriage Petition No.169 of 2019 is withdrawn

from the file of the learned CJSD at Shrirampur,

District-Ahmednagar and is transferred to the learned

Family Court at Nashik, for disposal according to law.

C.V. BHADANG, J.

N.S. Kamble                                                          page 3 of 3