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2025 DAILYLAW 72110 (BOM)

HARSHALI SWASTIK PATIL v. SWASTIK VIKAS PATIL

MCA/336/2025 · 2025-11-24

Shri Shivkumar Dige

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

103-MCA-336-2025 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 336 OF 2025 Harshali Swastik Patil ...Applicant Versus Swastik Vikas Patil ...Respondent ….. Mr. Yuvraj Narvankar a/w Mr. Rahul Patil, Advocate for Applicant. None for the Respondent. ….. CORAM : SHIVKUMAR DIGE, J. DATE : 24th NOVEMBER 2025 P.C. 1. Heard learned counsel for applicant. 2. Leave to amend the application and prayer clause. Amendment to be carried out forthwith. 3. By this application, applicant is seeking transfer of H.M.P.. No.830 of 2024 pending before the Family Court at Nashik to Civil Judge, Senior Division at Kolhapur. 4. Learned counsel for the applicant submits that the applicant is a lady. She stays at Kolahpur. She has suffered miscarriage. The distance between Nashik to Kolhapur is more than 450 kms. The applicant is finding difficulty to attend Court dates at Nashik. Hence, requested to allow the application. Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date: 2025.11.26 14:23:21 +0530 103-MCA-336-2025 (C).DOC 5. Though respondent is duly served, none present for the Respondent. Hence, I am deciding this application on merits. 6. I have heard learned counsel for the applicant. The distance between Kolhapur to Nashik is more than 450 km. The applicant is a lady. She has suffered miscarriage. She is finding difficulty to attend Court dates at Nashik. It settled principle of law that convenience of wife has to be considered over the husband. Considering these facts, I pass the following order: ORDER (i) Application is allowed; (ii) H.M.P.. No.830 of 2024 pending before the Family Court at Nashik be transferred to Civil Judge, Senior Division at Kolhapur. 7. The application is allowed in the aforesaid terms and is accordingly disposed off. 8. All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.) Sajakali Jamadar