Partly allowed

Komal Akash Joshi v. Akash Devilal Joshi

Bombay HC6 Mar 2019MCA/48/2019

Case brief

AI extract

What is this about?

The High Court of Bombay at Aurangabad considered an application by an applicant-wife to transfer maintenance proceedings from Khamgaon to Aurangabad due to dowry grievances and ill-treatment. The court directed issuance of notices and adjournment of the trial court proceedings pending further orders.

What did the court decide?

Issue notice to respondents; adjourn HMP No.10/2019 at Khamgaon; file objections by 13.3.2019 or application stands dismissed.

Komal Akash Joshi Vs Akash Devilal Joshi — Dowry and Cruelty | Bombay HC (2019)

¶1

MCA 48.19.odt

¶2

{1}

¶3

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶4

920 MISC.CIVIL APPLICATION NO.48 OF 2019

¶5

KOMAL AKASH JOSHI VERSUS AKASH DEVILAL JOSHI

¶6

Advocate for Applicant : Mrs. Mantri Anuradha S.

¶7

CORAM : RAVINDRA V. GHUGE, J.

¶8

(Dated: March 06, 2019)

¶9

PER COURT :-

¶10

1 The applicant-wife prays for transferring HMP No.10/2019 from the Court of the learned Civil Judge, Senior Division, Khamgaon to the Family Court at Aurangabad.

¶11

2 Grievance is that, after the marriage was solemnized on 5.2.2018, despite dowry was paid to the respondent, further demands were being made. She was ill-treated and tortured. She was compelled to leave her matrimonial home and return to her parental home at Aurangabad. The distance between Khamgaon to Aurangabad is about 200 kilometers and requires at least one overnight journey, requiring one adult member of the family to accompany her. One proceeding is initiated by the wife at Aurangabad under the Protection of Women from Domestic Violence Act, 2005.

¶12

3 Reliance is placed on the following Judgments:-

¶13

{2}

¶14

MCA 48.19.odt

¶15

(i) Bismillah w/o Mirza Muzahid Beg versus Mirza Muzahid Beg Aman Beg (2013 (8) LJSOFT 125, (2013 (4) MAH.L.J.435)

¶16

(ii) Sunita Manoj Goud versus Manoj Sagarmal Goud (2013 (5) ALL MR 104

¶17

(iii) Sau Kalpana w/o Pankaj Rozaitkar versus Pankaj Supadu Rozatkar (2013 (6) ALL MR 347

¶18

(iv) Smita w/o Dhananjay Patil versus Dhananjay Krishnakumar Patil (2013 (6) MAH.L.J. 338

¶19

(v) Sandhya w/o Ananta Mane versus Ananta s/o Manohar Mane (2010 (5) LJSOFT 15,

¶20

(v) Irene Blanch Khera & another versus Glenn John Vijay (2018 (6) Mh.L.J. 199

¶21

4 Issue notice to the respondents returnable on 12.4.2019. Until then, the Trial Court at Pune will adjourn HMP No.10/2019.

¶22

5 Copy for issuance of notice shall be supplied and office objections shall be removed on or before 13.3.2019, failing which this application shall stand dismissed, without reference to the Court on 14.3.2019.

¶23

( RAVINDRA V. GHUGE, J . )

¶24

vbd

Komal Akash Joshi v. Akash Devilal Joshi

Case brief

What is this about?

What did the court decide?

Komal Akash Joshi v. Akash Devilal Joshi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhimrao Ashruba Rade and Others Vs Keruba Appa Taur and Others

M/S Labhshetwar and Sakkarwar Constructions Station Road Aurangbad Th Partners Vijay Ramdas Sakkar Vs Ravindra Vitthalrao Songire

Renuka @ Vandana Kailas Kadu Vs Eknath Bhagchand Take

Jay Bajarang Jinnig and Pressing Pvt. Ltd. Jalgaon and Others Vs Pralhad Mukund Mahajan

Suryabhan Shahurao Khande Vs the State of Maharashtra and Anothers

Kailash Maghaji Shelke Vs the State of Maharashtra and Others