Allows transfer of Family Court proceedings from Bandra to Civil Judge, Nasik, considering the applicant-wife as custodian of a minor child and pending DV proceedings already at Nasik.
Application allowed with transfer to Court of Civil Judge, Senior Division, Nasik.
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.
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6 mca 330-17-c
Priya
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO.330 OF 2017
| Smt. Vibhuti Mayank Sinvhal V/s. |
... | Applicant |
|---|---|---|
| Shri Mayank Manish Sinvhal | ... | Respondent |
Mr.Sachin Gite for the Applicant. Mr.Rahul D. Motkari for the Respondent.
CORAM : NITIN W. SAMBRE, J. DATE : DECEMBER 08, 2017.
P.C. :
. The marriage between the parties to the Application was solemnized on November 27, 2014 and the couple is blessed with a minor daughter aged about 1 and ½ year. In the backdrop of matrimonial discord, the Non-Applicant has initiated proceedings being Application No.A 21 of 2017 filed before the Family Court No.3, Bandra, Mumbai, of which transfer is sought by the Applicant-wife to the Family Court, Nasik.
Priya 2 6 mca 330-17-c
and will be in a position to attend the proceedings if transferred at Nasik. The claim is opposed by the Non-Applicant-husband on the ground that he is in a private employment and is ready and willing to appear in the case under Domestic Violence Act at Nasik. It was then urged that looking to the nature of the employment of NonApplicant it would be difficult for the Non-Applicant to proceed on leave and to attend 2-3 proceedings at Nasik. He sought dismissal of the proceedings.
Priya 3 6 mca 330-17-c
modification that the proceedings of which transfer is sought will be transferred to the Court of Civil Judge, Senior Division, Nasik. The Court of Nasik will make every endevour to post the Protection of Women from Domestic Violence Act, 2005 proceedings alongwith the present proceedings so that the parties will be at convenience. With the above observations, the Miscellaneous Civil Application stands disposed of.
(NITIN W.SAMBRE, J.)
…...
3 issues framed by the court
Whether an application for transfer of Family Court proceedings from Bandra to Nasik should be allowed.
Whether the pending DV proceedings at Nasik make the transfer expedient.
To which court within Nasik the proceedings should be transferred.
Priya Mayank Sinvhal
Mayank Manish Sinvhal
Nitinsambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
