Dismissed

Smt. Prabhavati Sureshkumar Jaiswar v. Shri Suresh Kumar Ahibaran Jaiswar

Bombay HC15 Oct 2019MCA/159/2018

Case brief

AI extract

What is this about?

The Court considered an application to transfer matrimonial proceedings from the Civil Court at Kalyan to the Family Court at Bandra. The applicant alleged health issues and distance, but the Court found the locations well-connected. The transfer was rejected, but the husband was directed to pay travel expenses.

What did the court decide?

Respondent directed to pay applicant Rs. 1200 for each appearance at Kalyan Court for travel and miscellaneous expenses.

Smt. Prabhavati Sureshkumar Jaiswar Vs Shri Suresh… — Matrimonial and Divorce | Bombay HC (2019)

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4.mca 159-18.doc

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DDR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO. 159 OF 2018

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Prabhavati Sureshkumar Jaiswar..Applicant
vs.
Suresh Kumar Ahibaran Jaiswar..Respondent

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Shri P.D. Prasad Rao i/b. Devika M. Purav for applicant.
Mr. Gauresh Khanalekar for respondent.

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CORAM : M.S.KARNIK, J.

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 DATE : 15th OCTOBER, 2019

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P.C.:

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Heard learned counsel for the applicant wife and

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learned counsel for the respondent husband.

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2.This is an application for transfer of the Hindu
Marriage Petition filed by the husband under Section 13 (1) (ia)
(ib) of the Hindu Marriage Act, 1955 from the Court at Kalyan
to Family Court at Bandra. It is not in dispute that the applicant
is residing at Malad along with her three brothers. It is her case
that she has to look after her children and moreover she is not
keeping good health. It is therefore not possible for her to travel

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4.mca 159-18.doc

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Kalyan and instead it will be more convenient for her to attend
the Family Court at Bandra.

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3.The matrimonial proceedings filed by the husband
are pending before the Civil Judge Senior Division at Kalyan
since 2011. It is informed that the respondent husband has also
filed his affidavit of evidence. In any case as the applicant is
willing to travel from Malad to Bandra, there can be no
inconvenience caused to her if she travels from Malad to Kalyan
instead. There are adequate means of transport facilities
available to travel between Malad and Kalyan. Notice can be
taken of the fact that Kalyan and Malad are now well connected
with adequate means of transport. Thousands of people travel to
and fro daily. Malad is not at all far away from Kalyan so as to
cause any inconvenience to the applicant.

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4.In this view of the matter, I see no reason to transfer
the matrimonial proceedings. I am however inclined to ensure
that the expenses of the applicant for travelling from Malad to
Kalyan are well taken care of by the respondent.

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4.mca 159-18.doc

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5. The respondent husband is therefore directed to pay

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to the applicant a sum of Rs.1200/- for each date when the
applicant wife appears before the Court at Kalyan to cover her
travelling and miscellaneous expenses

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6. Subject to above the Petition is rejected.

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(M.S.KARNIK, J.)

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Digitally
signed by
Diksha
Diksha Rane
Rane Date:
2019.10.15
18:03:32
+0530

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Smt. Prabhavati Sureshkumar Jaiswar v. Shri Suresh Kumar Ahibaran Jaiswar

Case brief

What is this about?

What did the court decide?

Smt. Prabhavati Sureshkumar Jaiswar v. Shri Suresh Kumar Ahibaran Jaiswar

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

Case details

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