Allowed

Mrs. Archana Alias Varsha Dipak Dalani v. Mr. Dipak S/O Shankerlal Dalani

Bombay HC23 Aug 2007MCA/20/2007

Case brief

AI extract

What is this about?

In this civil application, the High Court granted a transfer order for a pending Hindu Marriage Petition (suit for restoration of conjugal rights) from the District Court at Dhule to the District Court at Kalyan. The transfer was ordered in favour of the wife applicant based on her residence, financial dependence, custody of a minor child, and health issues, dispelling a jurisdictional objection.

What did the court decide?

Transfer of Hindu Marriage Petition No.08 of 2007 from Civil Judge, Dhule to Civil Judge, Kalyan, District Thane, within two weeks.

Mrs. Archana Alias Varsha Dipak Dalani Vs Mr. Dipak… — Matrimonial and Divorce | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO.20 OF 2007

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 Mrs Archana @ Varsha Dipak Dalani, )
 Hindu, Indian Inhabitant, Adult, )
 Aged about 21 years, Occ: Housewife, )
 Presently residing at C/o.Mr.Rameshlal )
 Chimandas Badlani, Godrej Hills )
 Nos.6/7, Godrej Hill Road, Kalyan, )
 District Thane. )...Applicant
 Versus

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 Mr.Dipak s/o.Shankerlal Dalani, )
 Hindu, Indian Inhabitant, Adult, )
 Aged about 25 years, Occ:Goldsmith, )
 Residing at Block No.P-3, Room No.4, )
 Kumar Nagar, Sakra Road, Dhule, )
 District Dhule. )...Respondent
 ---

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 Shri V.N.Tayade for the Applicant.

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 Shri D.S.Mhasipurkar for the Respondent.

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---

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 CORAM : ABHAY S.OKA, J.
 DATE ON WHICH SUBMISSIONS
ARE HEARD. : JUNE 29, 2007.
DATE ON WHICH JUDGMENT IS
PRONOUNCED. : AUGUST 23, 2007.

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JUDGMENT:

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 1. This is an Application filed by the
 Applicant-wife under section 24 of the Code of Civil
 Procedure, 1908. The Respondent-husband filed a
 petition for divorce under the Hindu Marriage Act,
 1955 in the Court of the Civil Judge, Senior Division

¶12

 ... 2 ...

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 at Dhule. Prayer in this Application is for
 transferring the said Petition to the Court of Civil
 Judge, Senior Division at Kalyan, District Thane.

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 2. According to the case of the Applicant, her
 marriage with the Respondent was solemnised on 30th
 December, 2004 at Dhule. The Applicant delivered a
 male child on 21st October, 2005. According to the
 case of the Applicant as a result of the mental
 torture, harassment and humiliation by the Respondent,
 she had to inform her father to take her away from the
 matrimonial home. Accordingly, her father took the
 Applicant to his house on 25th November, 2005. On
 that day the Applicant was ill due to torture,
 harassment and humiliation caused to her by the
 Respondent and other members of the family of the
 Respondent.

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 3. The Respondent filed Hindu Marriage Petition
 No.08 of 2007 under section 9 of the Hindu Marriage
 Act, 1955 for restitution of the conjugal rights.
 According to the case of the Applicant, the said
 Petition was decided in favour of the Respondent in a
 short span of two and half months. Thereafter the
 present Petition which is subject matter of this
 Application has been filed by the Respondent.

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 ... 3 ...

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 4. The case of the Applicant is that she is in
 financial difficulty as she is completely dependent on
 her father. It is stated that she has to look after
 her minor son who is of a tender age. She has stated
 that she is not in a position to attend the Petition
 filed by the Respondent in the Court at Dhule. It is
 alleged that the Applicant is not maintaining good
 health.

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 5. There is a reply filed by the Respondent. It
 is contended that the grounds urged by the Applicant
 are frivolous.

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 6. The learned counsel for the Respondent raised a
 preliminary objection. His submission is that the
 Application ought to have been filed before the Bench
 of this Court at Aurangabad in view of rule 1 of
 Chapter XXXI of the Appellate Side Rules as this
 Application arises in the judicial district of Dhule.

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 7. In view of the reasons recorded in a separate
 judgment delivered today in Misc. Civil Application
 No.28 of 2007, this objection cannot be accepted.
 This Application arises in the judicial District of
 Thane as well as the judicial District of Dhule and

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 ... 4 ...

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 therefore, it is validly filed at Mumbai.

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 8. It is not in dispute that the Applicant is

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 staying at Kalyan. The minor son who is born on 21st
 October, 2005 is in the custody of the Applicant.
 Considering the distance between Kalyan and Dhule, it
 will be very difficult for the Applicant to undertake
 travelling for attending the Court at Dhule. It is
 contended by the Applicant that she has no source of
 income and she has to depend on her father. Second
 contention is that the Applicant has to look after her
 son who is of a tender age. In view of the said
 averments, a case is made out for passing order of
 transfer.

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 9. Hence, I pass the following order:

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 (i) Hindu Marriage Petition No.08 of 2007 pending
 in the Court of the Civil Judge, Senior
 Division at Dhule is hereby transferred to the
 Court of the Civil Judge, Senior Division at
 Kalyan, District Thane.

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 (ii) The learned Civil Judge, Senior Division at
 Dhule will transfer the papers of the Petition
 to the Court at Kalyan within a period of two

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 ... 5 ...

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 weeks from the date of receipt of writ of this

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 order.

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 (iii) The learned Civil Judge, Senior Division at
 Kalyan will issue notice to the parties of the

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 date fixed for hearing.

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 (iv) There will be no orders as to costs.

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(v) Writ to be sent immediately.

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JUDGE

Mrs. Archana Alias Varsha Dipak Dalani v. Mr. Dipak S/O Shankerlal Dalani

Case brief

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What did the court decide?

Mrs. Archana Alias Varsha Dipak Dalani v. Mr. Dipak S/O Shankerlal Dalani

Case brief

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What did the court decide?

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