Allowed

Maya Subhash Sonawane v. Subhash Omana Sonawane

Bombay HC10 Oct 2019MCA/318/2018

Case brief

AI extract

What is this about?

In a maintenance application regarding transferral of divorce proceedings, the High Court noted that the respondent filed maintenance proceedings in Panvel while divorce was in Kolhapur. Ruling that the Kolhapur forum caused inconvenience to the wife residing in Navi Mumbai, the court allowed the transfer to Panvel.

What did the court decide?

Application allowed to transfer matrimonial proceedings from Kolhapur to the Court of Civil Judge Senior Division, Panvel.

Maya Subhash Sonawane Vs Subhash Omana Sonawane — Matrimonial and Divorce | Bombay HC (2019)

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mca 318-18.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. 318 OF 2018

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Maya Subhash Sonawane..Applicant
vs.
Subhash Omana Sonawane..Respondent

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Shri K.S. Patil for applicant.
None for respondent.

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CORAM : M.S.KARNIK, J.

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 DATE : 10th OCTOBER, 2019

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P.C. :

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Heard learned counsel for the applicant.

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2.The applicant wife is seeking transfer of the

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matrimonial proceedings for divorce instituted by respondent
husband before the Family Court at Kolhapur. The marriage was
solemnised on 10/5/1978.

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3. Learned counsel for the applicant pointed out that

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several years after marriage there were matrimonial disputes

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mca 318-18.doc

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and since then the couple is residing separately. The respondent
husband in the year 2017 filed an application before the
Maintenance Tribunal at Panvel under Section 7 of the
Maintenance and Welfare of Parents and Senior Citizens Act,
2007 against the applicant who is impleaded as respondent No.1
in the said proceedings and against the children. It is pertinent
to note that in the said application the respondent husband has
shown his address as 4-A, Villa Collection CHS Ltd., Village Kori,
Taluka Panvel, District Raigad, Maharashtra. The address of the
applicant wife in the proceedings under Section 7 is shown as
Kharghar, Navi Mumbai.

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4.However, in the proceedings filed before the Family
Court at Kolhapur the respondent husband has shown his
address at Kolhapur and the address of applicant wife is also
shown at Kolhapur.

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5.Learned counsel for the applicant wife does not
dispute that the applicant wife has a property in Kolhapur. He
would however submit that the applicant is permanently

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mca 318-18.doc

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residing at Kharghar, Navi Mumbai and even her Aadhar card
reflects the address as Kharghar, Navi Mumbai.

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6.The record reveals that Section 7 proceedings are
filed by the respondent husband at Panvel in which the address
of the applicant wife is shown to be Kharghar, Navi Mumbai
whereas in the divorce proceedings the parties are shown to be
residing at Kolhapur.

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7.I have gone through the reply filed by the

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respondent husband where he has opposed the application. In
the affidavit the respondent husband is admitting that he has
property in Panvel. Though he has stated that he is suffering
from old age ailments, nonetheless he has still filed proceedings
in the year 2017 before the Maintenance Tribunal, Panvel
indicating his Panvel address.

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8.The applicant wife is 54 years of age. In this view of
the matter and as already the respondent husband has filed
proceedings at Panvel which he is pursuing, filing of the

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mca 318-18.doc

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matrimonial proceedings at Kolhpaur is only to cause
inconvenience to the wife. If in these circumstances the
applicant wife wants the proceedings to be transferred to the
Court of Civil Judge Senior Division, Panvel, in my opinion, this
is a fit case to allow this application.

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9. The application is allowed in terms of prayer clause (a).

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10.The application is disposed of.

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(M.S.KARNIK, J.)

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Digitally signed by Diksha Diksha Rane Date: Rane 2019.10.11 18:43:48 +0530

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Maya Subhash Sonawane v. Subhash Omana Sonawane

Case brief

What is this about?

What did the court decide?

Maya Subhash Sonawane v. Subhash Omana Sonawane

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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