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2023 Supreme(Bom) 1345

ABHAY AHUJA
Pallavi Shivraj Patil – Appellant
Versus
Shivraj Balaram Patil – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ravi Kadam, Snehal S. Jadhav.
For the Respondents: Vivek Patil, Nitiraj Shirke.

JUDGMENT :

ABHAY AHUJA, J.

1. This application under section 24 of the Code of Civil Procedure, 1908 has been filed by the wife of the respondent for transferring the Hindu Marriage Petition No. 9 of 2022 filed by the respondent before the Family Court at Kolhapur for divorce to the Court of Civil Judge, Senior Division, Karad.

2. Mr. Kadam, learned counsel for the applicant would submit that the marriage between the applicant and the respondent was solemnized on 5th May, 2009 at Village Ghonasi, Taluka Karad, District Satara, as per Hindu rights and they have a son from the wedlock who was born on 23rd February, 2010. Learned counsel would submit that for one frivolous reason or another, the respondent would physically and mentally torture the applicant and when the applicant had come to her parents’ home at Karad, the respondent has entered into another illegal marriage at Nagpur.

3. Learned counsel would submit that the applicant lives in a village which is approximately 15-20 kms from Karad, has a 12 year school going son, whom she has to look after and no one to escort her for travel to Kolhapur Court. Learned counsel also submits that the distance between Karad and Kolhapur is mo

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