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2025 DAILYLAW 42190 (BOM)

USHARANI SWAPNIL KHARAT THR. MR.DATTARARYA V SALGARE v. MR. SWAPNIL SUNIL KHARAT

MCA/472/2024 · 2025-10-14

Shri Shivkumar Dige

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

41-MCA-472-2024 (C).doc Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 472 OF 2024 Usharani Swapnil Kharat Thr. Mr.Dattararya V Salgare ...Applicant. Vs. Mr. Swapnil Sunil Kharat ...Respondent ------- Mr. Samir Kumbhakoni (Through V. C.) for the Applicant. None for the Respondent. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 14th OCTOBER, 2025 P.C.: 1. By this application the applicant is seeking transfer of Marriage Petition No.163 of 2023 filed by the respondent which is pending before the Civil Judge, Senior Division Khed, District Ratnagiri to Civil Judge, Senior Division Solapur. 2. It is the contention of learned counsel for the applicant that the applicant stays Badole at Akkalkot with her old age parents. The distance between Akkalkot to Khed where, the said petition is pending is more that 400 kms. The applicant is finding difficult to attend the Court dates at Khed. Learned 1/3 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.10.18 10:41:05 +0530 41-MCA-472-2024 (C).doc counsel for the applicant further submits that the applicant has filed DV proceeding against the respondent and it is pending before the Civil Judge, Senior Division Solapur. The respondent is attending Court dates in the said proceeding at Solapur. Hence, requested to allow the application. 3. Though the respondent is served, none present for the respondent. Hence, I am deciding this application on merit. 4. The applicant stays at Badole, Tal-Akkalkot with her old age parents. The distance between Akkalkot to Khed is more than 400 kms. She finding difficult to attend the Court dates at Khed. Moreover, the respondent is attending Court dates in the marriage petition filed by the applicant at Solapur. It is settled principle of law that convenience of the wife has to be considered over the husband’s. Considering these facts, I pass the following order. O R D E R I. Application is allowed. II. Marriage Petition No.163 of 2023 pending before 2/3 41-MCA-472-2024 (C).doc the Civil Judge, Senior Division, Khed to be transferred to Civil Judge, Senior Division, Solapur. III. Both parties to appear before Civil Judge, Senior Division Solapur. 5. Application stands disposed off. [SHIVKUMAR DIGE, J.] 3/3