The High Court transferred a domestic proceedings petition from the Aurangabad Family Court to Pune. The Court considered the petitioner's age, disability, and residence with her son at Pune, finding convenience dictated the transfer.
Petition No. A-79 of 2018 transferred to Family Court at Pune for hearings on 1.4.2019.
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.
MCA/239/2018
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
MISC.CIVIL APPLICATION NO.239 OF 2018
SUJATA PRAKASH BHUREWAR VERSUS
DR. PRAKASH RAMCHANDRA BHUREWAR
Advocate for Respondent : Shri Wagh M.R.
CORAM : RAVINDRA V. GHUGE, J. Dated: March 11, 2019
PER COURT :-
2. The marriage between the two has taken place on 23.5.1983. Three children are born out of the said marriage and all of them are now married and settled in life. The respondent is a Medical Practitioner who has retired from medical service. Allegations of physical assault is a subject matter of a report dated 5.6.2017 under Sections 5 and 17 of the Protection of Women from Domestic Violence Act, 2005. The applicant is presently residing with her son at Pune.
MCA/239/2018
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3. Issue notice to the respondent, returnable on 11.1.2019. Until then the Family Court will adjourn A-79 of 2018.
4. Copy of the paper book for issuance of notice shall be supplied and all objections shall be removed on/or before 5.12.2018, failing which this application shall stand rejected without reference to the Court on 6.12.2018.
5. Parties to note that this Court may consider referring of this matter to the trained Mediator after the respondent appears in the matter."
MCA/239/2018
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(2004) 13 SCC 462,
the husband would not be able to attend the proceedings at the place of the choice of the wife. The applicant / wife is a senior citizen and is presently residing with one of her married children at Pune.
in the matters pending at Pune so as to participate in all the matters in common visits.
( RAVINDRA V. GHUGE, J. )
akl/d
2 issues framed by the court
Whether a Family Court transfer application from Aurangabad to Pune should be allowed considering the petitioner's senior citizen status and residence.
Whether the retired respondent's ability to attend proceedings in Pune can be reasonably expected.
Colour shows how this judgement treated each authority
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Vennangot Anuradha Samir Vs. Vennangot Mohandas Samir- 2016 (1) Bom.C.R.250 · Who else cites this
Soma Choudhuri Vs. Gourab ChoudhuriReferred¶22
Soma Choudhuri Vs. Gourab Choudhuri (2004) 13 SCC 462 · Who else cites this
Anjali Ashok Sadhwani Vs. Ashok Kishinchand SadhwaniReferred¶26
Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 · Who else cites this
Vaishali Shridhar Jagtap vs. Shridhar Vishwanath JagtapReferred¶27
Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap - 2016 AIR (SC) 3584 · Who else cites this
1 provisions across 1 enactments
SUJATA PRAKASH BHUREWAR
DR. PRAKASH RAMCHANDRA BHUREWAR
RAVINDRA V. GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
