In a transfer application, the Court allowed the petitioner's request to transfer the respondent's divorce petition from Bandra to Pune, citing significant inconvenience to the sick applicant who resides in Pune.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET
MISC.CIVIL APPLICATION NO.37 OF 2004
Office Notes,Office memorandum of Coram, appearances,Court’s orders or directions & Registrar’s orders.
Court’s or Judge’s orders
Ms Geeta Sardesai for the Applicant. Shri K.L.Chinchmalatpure for Respondent CORAM: A.S.OKA, J.
DATED: AUGUST 19, 2004.
P.C.:
Maintenance Act, 1956 which is pending in
the Family Court at Pune.
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| the | Applicant-wife to |
attend | the | ||
|---|---|---|---|---|---|
| proce | edings in the Family Court at Band | ra, | |||
| Mum | bai. | ||||
| 3. | The Application |
is | contested | by | the |
| Resp | ondent. The learn |
ed | Counsel | for | the |
| Resp | ondent pointed out |
that | the | case | filed |
| by | the Applicant under |
Sect | ion 18 |
of | Hindu |
| Adop | tions and Maintenance Act, 1956 | has | |||
| been | finally decided. |
| 4. | However, the |
pendency | of | the | said |
|---|---|---|---|---|---|
| matter | is not the onl |
y ground. |
The | ground | |
| for | transfer of |
the | Petition | is |
|
| inconvenie | nce caused to |
the |
Appli | cant. | My |
| attention | has been |
invited | by | the | learned |
| Counsel | for the App |
licant to |
the | averments | |
| made | in the parag |
raph | No.5 | of |
the |
| Affidavit-i reads thus: |
n-reply of the Respondent | which |
| . | "The | oppone | nt | subm | its | that | after | the |
|---|---|---|---|---|---|---|---|---|
| marriage | he | came | to | kn | ow | the | real | facts |
| that | she | concea | led | the | d | isease | of | |
| Arthritis-ai | lment/Sand | hivat | and | suffering | ||||
| from | some | other | abno | rmal | disea | ses. | He | |
| found | that | the | applic | ant | is | sic | kly | lady. |
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The fraud was practised on the opponent by the applicant and her parents and they cheated him."
Accordingly, the Application is allowed in
terms of prayer clause (b).
stand transferred to the Family Court at
Pune. No order as to costs.
Judge.
2 issues framed by the court
Whether the petitioner can be transferred from the Bandra Family Court to the Pune Family Court based on inconvenience.
Whether the plaintiff's suit under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 is pending.
1 provisions across 1 enactments
Wife/Applicant
Husband/Respondent
A.S.OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
