POOJA Vs. DINESH

JUDGEMENT

(1.) The applicant is seeking transfer of Petition No.A-205 of 2019, fled by the Respondent-husband for getting divorce, from the Court of learned Principal Judge, Family Court at Nanded to the Family Court at Solapur.

(2.) According to the applicant, she is having no independent source of income and she is also having a son of 5 years of age with her. Further, the distance between Nanded to Solapur is around 275 Kms and, therefore, it is highly diffcult for her to travel to attend the dates at Nanded. According to her, the Respondent-husband is serving as Major in the Army and earning handsome salary. having suffcient means and, therefore, even on transfer of the matter, he can attend the dates at Solapur since he is not residing at Nanded, but presently posted in North India.

(3.) On the contrary, the Respondent-husband has strongly opposed the application by fling affdavit-in-reply and contended that he is serving as Major in Indian Army and till date, posted at various locations, namely Shri Ganganagar (Rajasthan), Joshimath (Uttarakhan) and Kolkata (West Bengal). According to him, the applicant willingly deserted him in the month of June-2019. The applicant had also tried to tarnish his image by making false allegations against him. Further, it is contended by him that father of the applicant is a political leader of Shiv Sena, who served as MLA thrice and even once he was Minister of Government of Maharashtra. As such, there will be threat to his life if he is asked to attend the dates at Solapur. The learned Counsel for the Respondent-husband has also relied upon certain newspaper cuttings wherein it is refected that the applicant has been appointed as offce bearer of "Yuvati Sena " under the Shiv Sena party for the area of Solapur district.