The Court allowed a miscellaneous civil application seeking transfer of a family suit from Nashik to Mumbai. The transfer was granted due to the applicant's poor health and custodial responsibilities.
Permission to transfer the petition pending before the Family Court at Nashik to the Family Court at Mumbai.
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.
ISM
15.80.21 mca.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 80 OF 2021
Smt. Varsha Ram Donde Alias Varsha Laxman Shinde
….Applicant
V/s.
Mr. Ram Baburao Donde …..Respondent
Mr. Prosper Dsouza for the applicant None for Respondent
CORAM : NITIN W. SAMBRE, J.
DATE: JULY 28, 2021.
P.C.:
1] Transfer of Petition A-513 of 2018 pending before the Ld. Principal Judge Family Court at Nashik to Ld. Family Judge of Family Court, Mumbai is sought.
2] Though served, none appears for non-applicant. The
contentions in support of the ground of hardship are not controverted.
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15.80.21 mca.doc
3] Since the applicant is custodian of a child and she is not maintaining good health, application is allowed in terms of prayer clause (a) which reads thus:
(a) That the Honorable High Court be pleased to exercise its powers Under Section 24 of the Code of Civil Procedure, 1908 and may be pleased to transfer the Petition A-513 of 2018 pending before the Ld. Principal Judge Family Court at Nashik to Ld. Family Judge of Family Court, Mumbai for trial and disposal.
[NITIN W. SAMBRE, J.]
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1 issue framed by the court
Whether the delay in filing the application for transfer should be condoned due to health issues and custodial responsibility.
1 provisions across 1 enactments
Smt. Varsha Ram Donde Alias Varsha Laxman Shinde
Mr. Ram Baburao Donde
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
