High Court of Judicature at Bombay transferred a Family Court case from Akola to Hingoli. The court held that the female applicant faced significant travel difficulties and inconvenience in attending hearings in Akola compared to Hingoli.
Transferred H.M.P. No. 65/2012 from Family Court, Akola, to Court of Civil Judge, Senior Division, Hingoli.
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.
Misc. Civil Appln.No.49/2013
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO.49 OF 2013
Sandhya w/o Vishal Deshmukh ... APPLICANT VERSUS
Vishal s/o Ambadas Deshmukh
... RESPONDENTS
Shri Sachin S. Deshmukh, Advocate for applicant Shri K.D. Jadhav, Advocate for respondent
CORAM: A.I.S. CHEEMA, J.
DATED: 17th January, 2014.
PER COURT :
finally.
Misc. Civil Appln.No.49/2013
2
125 of the Criminal Procedure Code also. The applicant has also filed H.M.P. No.31/2013 for restitution of conjugal rights at Hingoli. The respondent has filed H.M.P.No. 65/2012 at the Family Court, Akola. According to her, Shengaon to Akola is almost 150 Kms. and is most inconvenient for her to travel, she being a lady.
Misc. Civil Appln.No.49/2013
3
5(i) The Misc. Civil Application is allowed. H.M.P. A-Petition No.65/2012 between the parties, pending before the Family Court at Akola is transferred to the Court of Civil Judge, Senior Division, Hingoli, District Hingoli for decision according to law.
(ii) The Family Court, Akola shall immediately duly forward the proceedings to Civil Judge, Senior Division, Hingoli. Parties are directed to appear before the Court of Civil Judge, Senior Division, Hingoli on 24th February 2014.
(A.I.S. CHEEMA, J.)
fmp/mca49.13
1 issue framed by the court
Whether a Family Court hearing pending between parties in Akola should be transferred to Hingoli where the woman applicant resides to avoid travel difficulties.
Sandhya w/o Vishal Deshmukh
Vishal s/o Ambadas Deshmukh
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
