The High Court transferred the husband's matrimonial proceedings from Latur to Ambajogai to ensure the convenience and safety of the young wife, who faces logistical difficulties travelling between the two towns.
The High Court matrimonial proceedings (H.M.P. No.87/2013) pending in Latur were transferred to the Civil Court at Ambajogai.
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.68/2013
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO.68 OF 2013
Sou. Reshma w/o Shrikrishan Pawar ... APPLICANT
VERSUS
Shrikrishan s/o Bharat Pawar ... RESPONDENT
Shri A.S. Kadam, Advocate for applicant Shri S.V. Gundre, Advocate holding for Shri V.D. Gunale, Advocate for respondent
CORAM: A.I.S. CHEEMA, J. DATED: 18th January, 2014.
PER COURT :
Misc.Civil Appln.No.68/2013
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pending in the Court of Judicial Magistrate, First Class, Ambajogai. She has also filed proceedings under the Protection of Women from Domestic Violence Act at Ambajogai and the respondent-husband has appeared in the matter. She says that, the husband has now filed H.M.P. for divorce at Latur. She states that, she has no independent source of income and her father is not in a sound economic position and it is difficult for her to travel from Ambajogai to Latur. According to applicant, the distance between Ambajogai and Latur is 60 Kms. and the matter needs to be transferred form Latur to Ambajogai.
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convenience, the matter may be transferred from Latur to Ambajogai. Learned counsel for the respondent claims that the distance between Latur and Ambajogai is not much and hence, the application be rejected. According to him, the respondent is afraid of attending the Court at Ambajogai. Learned counsel for the applicant has replied that, in earlier proceedings the respondent has appeared at Ambajogai and there is no reason why now there should be difficulty.
Misc.Civil Appln.No.68/2013
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Judge, Senior Division, Latur to duly forward the proceedings to the Court of Civil Judge, Senior Division, Ambajogai immediately. The parties are directed to appear before the Civil Judge, Senior Division, Ambajogai, District Beed on 17th February 2014.
fmp/mca68.13
3 issues framed by the court
Whether the proceedings for divorce filed in Latur be transferred to Ambajogai for the convenience of the wife.
Whether the distance and logistical difficulties faced by the young wife warrant the transfer of jurisdiction.
Whether the application for transfer of proceedings is disposed of in favour of the applicant.
Sou. Reshma w/o Shrikrishan Pawar
Shrikrishan s/o Bharat Pawar
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
