Allowed

Shila Balram Waghchaure v. Balram Bhanudas Waghchaure

Bombay HC7 Jan 2014MCA/98/2013

Case brief

AI extract

What is this about?

The applicant sought transfer of matrimonial proceedings from Ahmednagar to Nanded citing her residence, husband's job location, severe ill-treatment, and worsening cancer condition. The High Court transferred the Hindu Marriage Petition to the Civil Judge, Kandhar, Dist. Nanded.

What did the court decide?

The Hindu Marriage Petition No. 399/2013 is transferred to the Court of Civil Judge, Senior Division, Kandhar, Dist. Nanded.

Shila Balram Waghchaure Vs Balram Bhanudas Waghchaure — Matrimonial and Divorce | Bombay HC (2014)

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98.2013 Misc. C.A.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD

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MISC. CIVIL APPLICATION NO. 98 OF 2013

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Shila Balaram Waghchaure ... Applicant

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VERSUS

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Balaram s/o Bhanudas Waghchaure ... Respondent .....

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Shri M.D. Narwadkar, Advocate for applicant

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

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DATED : 7th JANUARY, 2014

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PER COURT :

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. Heard the learned Counsel for the applicant. Respondent though served, none present on behalf of him.

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The present application is filed by the applicant under section 24 of the Code of Civil Procedure, for transfer of the proceedings filed by the respondent/ husband under section 9 of the Hindu Marriage Act pending before 3^rd Joint Civil Judge, Senior Division, Ahmednagar to the Civil Judge, Senior Division, Kandhar, Dist. Nanded.

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98.2013 Misc. C.A.

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The learned Counsel for the applicant submits that the marriage between the applicant and respondent was solemnized on 18-12-2003 at Nanded. After the marriage, the applicant went to reside at her matrimonial house, and resided with the present respondent/husband for initial 3-4 years. She had to bear sufferings during that period at the hands of her husband and in-laws. The respondent/ husband and his parents used to ill-treat present applicant on one pretext or the other. The learned Counsel for the applicant further submits that the respondent/ husband used to torture her mentally as well as physically. In the meantime, the respondent/husband got a job in Maharashtra State Electricity Distribution Company Ltd., (MSEDCL).

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The learned Counsel for the applicant further submits that the applicant is suffering from Cancer and he has tendered the documents issued by the Hospital concerned. The respondent/ husband issued a legal notice for restitution of conjugal rights through his advocate, and has filed Hindu Marriage Petition No. 399/2013 in the Court of 3^rd Joint Civil Judge, Senior Division, Ahmednagar. The applicant is not keeping good health due to the disease stated above, and the distance between Kandhar, Dist. Nanded where applicant resides and the Ahmednagar where the proceedings are filed by the respondent/husband is nearabout 410 Kms.

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98.2013 Misc. C.A.

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In view of the contentions and submissions made by the learned Counsel for the applicant, and the fact that respondent is not present though stated to be served with a notice, the application filed by the applicant deserves to be allowed.

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In the result, I pass following order.

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ORDER

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A] The Hindu Marriage Petition bearing HMP No. 399/2013 filed and before the 3^rd Joint Civil Judge, Senior Division, Ahmednagar is transferred to the Court of Civil Judge, Senior Division, Kandhar, Dist. Nanded.

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B] The Misc. Civil Application is disposed of.

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SDM* January-2014

Shila Balram Waghchaure v. Balram Bhanudas Waghchaure

Case brief

What is this about?

What did the court decide?

Shila Balram Waghchaure v. Balram Bhanudas Waghchaure

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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