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2023 Supreme(Online)(Bom) 2279

HIGH COURT OF BOMBAY
Abhay Ahuja, J
Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil – Appellant
Versus
Dhiraj Sunil Patil – Respondent


Advocates:
For the Appellants/Petitioners: Mr. H.P.Vyas, Mr.Chandrashekhar Yadav
For the Respondents: Ms.Varsha Pichaya, Mr.Sachin Padaye

Table of Content
1. basis for the wife's request for transfer due to her situation. (Para 2 , 3 , 4)
2. the respondent's argument against transfer citing health concerns. (Para 5 , 6)
3. court's consideration of case law regarding the prioritization of wife's convenience. (Para 7 , 8)
4. final allowing of the transfer request based on importance of emotional security. (Para 10 , 11)

ORAL JUDGMENT

2. Mr.Hitesh Vyas, the learned counsel would submit that earlier the marriage between the applicant and the respondent was solemnized on 21st February, 2019 at Nashik as per Hindu Vedic Rites and Rituals and the marriage has also been registered. Learned counsel would submit that there is no issue born out of the said wedlock. He would submit that on 29th of October, 2022, which is almost 3 and a half years after the marriage, due to matrimonial discord and differences of opinion, the applicant was compelled to leave the matrimonial home. The applicant was dropped by the respondent at the applicant’s parents’ house at Pune in his car. It is submitted that while dropping the applicant, the respondent had assured her that he would bring her back within a week. The applicant believing in the said p

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