Allowed

Latika Alias Lalita Manoj Sonavne v. Manoj Rambhau Sonavne

Bombay HC17 Oct 2019MCA/240/2019

Case brief

AI extract

What is this about?

In this miscellaneous civil application for transfer of matrimonial proceedings, the Court transferred a petition for restitution of conjugal rights from Nashik to Kalyan to ensure the convenience of the applicant wife residing with her sister. The Court ordered the transfer and directed that if an application for clubbing proceedings is made, it be considered.

What did the court decide?

Matrimonial proceedings for restitution of conjugal rights transferred from Nashik to Kalyan.

Latika Alias Lalita Manoj Sonavne Vs Manoj Rambhau… — Matrimonial and Divorce | Bombay HC (2019)

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mca 240-19.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. 240 OF 2019

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Latika alias Lalita Manoj Sonavne..Applicant
vs.
Manoj Rambhau Sonavne..Respondent

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Mrs. Deepa Punde h/b. Shri S.S. Punde for applicant.
Shri R.D. Motkari for respondent.

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….
CORAM : M.S.KARNIK, J.

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 DATE : 17th OCTOBER, 2019

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P.C. :

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Heard learned counsel for the applicant and learned

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counsel for the respondent.

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2.This is an application for transfer of the matrimonial
proceedings for restitution of conjugal rights filed by the
respondent husband before the Family Court at Nashik to the
Court of the Civil Judge Senior Division at Kalyan.

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3.The marriage was solemnised between the parties on

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18/6/2018. It is the contention of learned counsel for the

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mca 240-19.doc

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respondent husband that the applicant wife stayed at the
matrimonial home hardly for 6 months.

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4.The applicant wife alleges that she has suffered
cruelty, ill-treatment and harassment at the matrimonial house.
After the proceedings for restitution of conjugal rights are filed
by the husband, the applicant wife has filed proceedings under
the Domestic Violence Act and also criminal complaint alleging
demand of dowry which are pending in the Kalyan Court.

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5.Learned counsel for the respondent husband opposes
the application. According to him, it is convenient for the
applicant to travel from Kalyan to Nashik as there are
convenient transport facilities available. According to him, the
respondent is presently unemployed whereas the applicant wife
is running a beauty parlour and earning good amount. He
submits that without prejudice to his contentions, in the event
this Court is inclined to transfer these proceedings appropriate
directions be issued to the trial Courts for clubbing of the

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mca 240-19.doc

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proceedings so that he will be able to attend the proceedings on
the same date.

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6.Considering the convenience of the applicant and

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that as she is residing with her sister and moreover, it will be
inconvenient for her to travel from Kalyan to Nashik, in my
opinion, this is a fit case to transfer the proceedings. Moreover,
the applicant has filed two proceedings at Kalyan. In case an
application is made for clubbing all the proceedings, the request
made by the respondent husband be considered suitably or as
far as possible the matters be kept on the same date.

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7.The application is allowed in terms of prayer clause

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(a).

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8.The application is disposed of.

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(M.S.KARNIK, J.)

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Digitally signed Diksha by Diksha RaneDate: Rane 2019.10.1718:08:52 +0530

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Latika Alias Lalita Manoj Sonavne v. Manoj Rambhau Sonavne

Case brief

What is this about?

What did the court decide?

Latika Alias Lalita Manoj Sonavne v. Manoj Rambhau Sonavne

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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