Allowed

Ratnabai Nagesh Patil v. Nagesh Madhavrao Patil

Bombay HC17 Jan 2014MCA/101/2013

Case brief

AI extract

What is this about?

Allowed application to transfer Hindu Marriage Petition from Jalgaon to Malegaon for adjudication, considering the wife's lack of income, need to travel for litigation, and her dependent status.

What did the court decide?

The Hindu Marriage Petition pending before the Civil Judge, Senior Division, Jalgaon is transferred to the Court of Civil Judge, Senior Division, Malegaon, Dist-Nashik.

Ratnabai Nagesh Patil Vs Nagesh Madhavrao Patil — Matrimonial and Divorce | Bombay HC (2014)

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mca101.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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MISC. CIVIL APPLICATION NO.101 OF 2013

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Sau. Ratnabai w/o Nagesh Patil,
Age-28 years, Occu:Household,
R/o-At Present Pragati Colony,
Near D.K. Stop, Soygaon,
Tq-Malegaon, Dist-Nashik

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...APPLICANT

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 VERSUS

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Nagesh s/o Madhavrao Patil,
Age-33 years, Occu:Service/Agril.,
R/o-Mehunbir, Tq-Chalisgaon,
Dist-Jalgaon

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...RESPONDENT

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...

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 Shri.Mahesh P. Kale Advocate for Applicant.
 None present for Respondent though served.

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...

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CORAM: A.I.S. CHEEMA, J.

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 DATE : 17TH JANUARY, 2014

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ORDER :

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1. Heard learned counsel for Applicant.

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Respondent is reported to have been served but is

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mca101.13

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absent. Perused Application.

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2.The Application is by wife staying at
Malegaon, Dist-Nashik. Learned counsel says that
Applicant is staying with her parents along with
her son. According to him, the wife had filed
R.C.S. No.427 of 2012 at Malegaon for maintenance
against Respondent husband and he appeared in that
matter. Thereafter the Respondent has filed Hindu
Marriage Petition for restitution of conjugal
rights at Jalgaon. According to Applicant, she is
helpless lady without any income, while Respondent
is working as conductor in M.S.R.T.C. and so he
would be able to travel. The distance between
Malegaon to Jalgaon is about 100 K.M.s.

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3.Learned counsel submits that the

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Applicant is a young lady and it would be very
inconvenient for her to defend litigation at
Jalgaon travelling from Malegaon, when she has a
small son. According to him, she is depending on

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mca101.13
3

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her parents and thus the proceedings of Hindu

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Marriage Petition be transferred.

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4.Looking to the convenience of the wife,
it will be appropriate to transfer the proceedings
at Malegaon, especially when the Respondent is not
coming forward to contest the claim.

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5.In the result, Misc. Civil Application is
allowed. The proceeding of H.M.P. No.239 of 2012
pending before the Court of Civil Judge, Senior
Division, Jalgaon is transferred to the Court of
Civil Judge, Senior Division, Malegaon, Dist-

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Nashik for adjudication according to law.

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 [A.I.S.CHEEMA,J.]

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asb/JAN14

Ratnabai Nagesh Patil v. Nagesh Madhavrao Patil

Case brief

What is this about?

What did the court decide?

Ratnabai Nagesh Patil v. Nagesh Madhavrao Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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