Allowed

Anjali Pankaj Borse Alias Anjali Bhagwan Patil v. Pankaj Rajaram Borse

Bombay HC19 Jul 2021MCA/21/2021

Case brief

AI extract

What is this about?

The High Court allowed the applicant-wife to transfer pending execution recovery proceedings from the Family Court at Bandra to the Family Court at Aurangabad. Transfer was permitted as the applicant and minor child reside in Aurangabad, making it more convenient for prosecution.

What did the court decide?

Execution proceedings RD No. 98 of 2020 transferred from Family Court No. 4, Bandra to Family Court Aurangabad.

Anjali Pankaj Borse Alias Anjali Bhagwan Patil Vs… — Maintenance and Alimony | Bombay HC (2021)

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32 mca 21-21.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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32 MISC.CIVIL APPLICATION NO.21 OF 2021

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ANJALI PANKAJ BORSE @ ANJALI BHAGWAN PATIL VERSUS

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PANKAJ RAJARAM BORSE

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Advocate for Applicant : Mr. Arun Shejwal Advocate for Respondents : Mr. V. T. Patil

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CORAM : AVINASH G. GHAROTE, J. DATED : 19^th JULY, 2021.

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PER COURT :

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The applicant-wife has fled this proceeding for transferring the pending execution proceedings, before the Family Court at Bandra to Aurangabad, where she is residing with the minor son. The only objection by the learned counsel for the non-applicant is that the son is not made a party to the proceedings.

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Admittedly the son is minor. In the proceedings under Section 13(B) of the HMP Act, petition No. 2999 of 2017 fled by the present applicant at the Family Court No.4, Bandra, Mumbai, a decree of divorce by mutual consent, was passed, in which the non-applicant had agreed to pay Rs.8,000/- per month as maintenance for the applicant and for the minor child, on non-

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2 32 mca 21-21.odt

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payment of which, recovery proceedings were initiated as RD No.98 of 2020 (earlier RD (stamp) No. L-459 of 2020). the ground given, is without any substance whatsoever. It is not disputed that the applicant is residing along with minor son at Aurangabad and therefore, would be in a better position, to prosecute proceedings here. The application is therefore allowed and RD No. 98 of 2020 pending on the fle of Family Court No.4 at Bandra, Mumbai is transferred to Family Court Aurangabad.

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The Family Court No.4, Bandra is requested to transmit the record of the above proceedings to the Family Court at Aurangabad as early as possible.

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The parties shall appear before the Family Court Aurangabad on 17/08/2021, prior to which the transmission of the record should be ensured.

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Accordingly, the application is disposed of.

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(AVINASH G. GHAROTE, J.)

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vsm/-

Anjali Pankaj Borse Alias Anjali Bhagwan Patil v. Pankaj Rajaram Borse

Case brief

What is this about?

What did the court decide?

Anjali Pankaj Borse Alias Anjali Bhagwan Patil v. Pankaj Rajaram Borse

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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